Bennett v. Doyle

Bennett v. Doyle

Both parties were negligent: the farm owner breached the ordinary standard of care by failing to prevent recurring cattle escapes despite precautions, and the driver was driving imprudently (excessive speed/inattention) at night through a curve and failed to heed warning signs; applying the Contributory Negligence Act the Court apportioned responsibility 60% to the claimant/driver and 40% to the defendant/farm owner, resulting in a net award to claimant of $2,169.60 plus awarded interest and proportional costs as specified.

Citation
2025 NSSM 3
Parties
Claimant/defendant by Counterclaim: Shawna Vivian Bennett; Defendant/claimant by Counterclaim: Dr. Mary Doyle
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
17 January 2025
Procedural Posture
Small Claims Property Damage (motor Vehicle/livestock) / Decision (post Hearing)
Outcome
Net judgment for claimant: defendant to pay claimant after apportionment and offsets.
Legal Topics
Duty of Care, Apportionment of Liability, Damages Valuation, Contributory Negligence, Fencing Obligations
Source Language
English
Tort Negligence Property Damage Agricultural/livestock Law Statutory Interpretation Small Claims Procedure Duty of Care Apportionment of Liability Damages Valuation +2 more

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Parties

Shawna Vivian Bennett

Claimant/defendant by Counterclaim

Dr. Mary Doyle

Defendant/claimant by Counterclaim

Procedural Posture

Small Claims Property Damage (motor Vehicle/livestock) / Decision (post Hearing)

Legal Issues

  1. 1 Whether defendant was negligent in allowing livestock to escape onto a public roadway
  2. 2 Whether driver was negligent in speed/attention at time of collision
  3. 3 Appropriate apportionment of liability between farm owner and driver

Ratio Decidendi

Both parties were negligent: the farm owner breached the ordinary standard of care by failing to prevent recurring cattle escapes despite precautions, and the driver was driving imprudently (excessive speed/inattention) at night through a curve and failed to heed warning signs; applying the Contributory Negligence Act the Court apportioned responsibility 60% to the claimant/driver and 40% to the defendant/farm owner, resulting in a net award to claimant of $2,169.60 plus awarded interest and proportional costs as specified.

Court Disposition

Net judgment for claimant: defendant to pay claimant after apportionment and offsets.

Orders

  • Defendant to pay claimant $2,169.60 (net after apportionment).
  • Interest awarded at 4% simple for 16 months from date of loss to decision in the amount of $115.71.