Hyperlawhypertext legal database Varga v. F.H. Deacon & Co. [1975] 1 SCR 39

← Cases

Varga v. F.H. Deacon & Co.

[1975] 1 SCR 39 Court SCC Decision date 1973-11-05 English

PartiesJoseph Varga (Plaintiff) Appellant·F.H. Deacon & Company Limited (Defendant) Respondent

Counsel (4)
R.N. Starr, Q.C., for the appellant.
P.B.C. Pepper, Q.C., and D.A. Peppiatt, for the respondent.
Solicitor for the appellant: R.N. Starr, Toronto.
Solicitors for the respondent: Peppiatt & Frost, Toronto.

Judges Abbott, Douglas Charles; Martland, Ronald; Judson, Wilfred; Spence, Wishart Flett; Laskin, Bora

Delivered by Judgment of the Court — ABBOTT J.

On appeal from Ontario

Subjects Agency

Contents

Judgment of the Court — ABBOTT J.

The judgment of the Court was delivered by

ABBOTT J.—In our opinion, the finding of the jury that the appellant did not rely on the respondent or the third party to discover and make disclosure of facts necessary to enable him to give informed instructions, negatives in the circumstances of this case, the existence of a fiduciary relationship between the appellant and the respondent. We are not prepared to interfere with the finding of the jury as to the amount of the damages. We would, therefore, affirm the judgment of the Court of Appeal.
The appeal is dismissed with costs.
Appeal dismissed with costs.
Solicitor for the appellant: R.N. Starr, Toronto.
Solicitors for the respondent: Peppiatt & Frost, Toronto.

Footnotes

  1. [1] [1973] O.R. 233.