Murray Estate v. Advocate Contracting Ltd.

Murray Estate v. Advocate Contracting Ltd.

Court accepted plaintiffs' actuarial approach using the modified sole dependency (Basis B) for PMU, accepted Tarrel's assumptions on deceased's promotion, gross-up method and remarriage contingencies, awarded specified non-pecuniary and pecuniary damages and set total award at $1,051,513.19 (after deduction of...

Source-derived case information.

Citation
2001 NSSC 104
Parties
Plaintiff Executor: Edmund Douglas Kingsley Murray, Executor of the Estate of Valerie Mary Murray; Plaintiff Husband: Edmund Douglas Kingsley Murray; Plaintiff Child (infant): Michael Bernard Douglas Murray; Plaintiff Child (infant): Meghan Elizabeth Murray; Defendant Corporate: Advocate Contracting Limited; Defendant Individual: Wilbert Stewart Clark
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
15 March 2001
Procedural Posture
Wrongful Death (fatal Injuries Act) / Trial Judgment on Assessment of Damages (liability Admitted)
Outcome
Judgment for plaintiffs on damages assessment; liability admitted; damages awarded in favour of plaintiffs; costs reserved to allow agreement or briefs.
Legal Topics
Non Pecuniary Damages, Loss of Financial Support, Loss of Services (housekeeping), Personal Maintenance Use (pmu), Remarriage/divorce Contingency, Gross Up for Tax, Pre Judgment Interest
Source Language
english
Tort Wrongful Death Damages Assessment Actuarial Valuation Non Pecuniary Damages Loss of Financial Support Loss of Services (housekeeping) Personal Maintenance Use (pmu) +3 more

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Parties

Edmund Douglas Kingsley Murray, Executor of the Estate of Valerie Mary Murray

Plaintiff Executor

Edmund Douglas Kingsley Murray

Plaintiff Husband

Michael Bernard Douglas Murray

Plaintiff Child (infant)

Meghan Elizabeth Murray

Plaintiff Child (infant)

Advocate Contracting Limited

Defendant Corporate

Wilbert Stewart Clark

Defendant Individual

Procedural Posture

Wrongful Death (fatal Injuries Act) / Trial Judgment on Assessment of Damages (liability Admitted)

Legal Issues

  1. 1 Quantification of non-pecuniary damages under Fatal Injuries Act s.5(2)(d)
  2. 2 Method for calculating PMU (cross-dependency Basis A vs modified sole dependency Basis B)
  3. 3 Calculation of past and future pecuniary loss of financial support

Ratio Decidendi

Court accepted plaintiffs' actuarial approach using the modified sole dependency (Basis B) for PMU, accepted Tarrel's assumptions on deceased's promotion, gross-up method and remarriage contingencies, awarded specified non-pecuniary and pecuniary damages and set total award at $1,051,513.19 (after deduction of $12,000 Section B benefits); costs reserved.

Court Disposition

Judgment for plaintiffs on damages assessment; liability admitted; damages awarded in favour of plaintiffs; costs reserved to allow agreement or briefs.

Orders

  • Non-pecuniary damages: Douglas Murray $65,000.00, Michael Murray $35,000.00, Meghan Murray $40,000.00 (total $140,000.00)
  • Pre-judgment interest on non-pecuniary awards at 3.5% for 21 months $8,574.93