Smith v. Haley

Smith v. Haley

Summary judgment on liability was granted because liability was uncontested. The application for an interim payment was dismissed because the court could not form an opinion with the degree of certainty required by Rule 33.01(A) due to insufficient and equivocal medical evidence, lack of IME and expert discovery, making any award a speculative or haphazard guess; costs of $750 awarded to defendants.

Citation
2006 NSSC 182
Parties
Plaintiff: Connie Smith; Defendant: Richard Haley; Defendant: Blue Line Car Leasing
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
18 May 2006
Procedural Posture
Personal Injury Motor Vehicle Accident / Summary Judgment and Interim Payment Application (special Chambers)
Outcome
Summary judgment granted on liability; interim payment application dismissed as premature; costs awarded to defendant $750.00.
Legal Topics
Summary Judgment, Interim Payment, Loss of Income, Minor Injury Provisions, Costs
Source Language
English
Civil Procedure Insurance Personal Injury Torts Summary Judgment Interim Payment Loss of Income Minor Injury Provisions +1 more

Case Brief

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Parties

Connie Smith

Plaintiff

Richard Haley

Defendant

Blue Line Car Leasing

Defendant

Procedural Posture

Personal Injury Motor Vehicle Accident / Summary Judgment and Interim Payment Application (special Chambers)

Legal Issues

  1. 1 Whether summary judgment is appropriate where liability is not contested
  2. 2 Whether an interim payment for loss of income should be ordered under Rule 33.01(A)
  3. 3 Whether claimed loss is net income under amended Insurance Act minor injury provisions

Ratio Decidendi

Summary judgment on liability was granted because liability was uncontested. The application for an interim payment was dismissed because the court could not form an opinion with the degree of certainty required by Rule 33.01(A) due to insufficient and equivocal medical evidence, lack of IME and expert discovery, making any award a speculative or haphazard guess; costs of $750 awarded to defendants.

Court Disposition

Summary judgment granted on liability; interim payment application dismissed as premature; costs awarded to defendant $750.00.

Orders

  • Summary judgment granted on liability.
  • Application for interim payment dismissed.