McCormick Estate v. Landry

McCormick Estate v. Landry Court Court of Appeal Date 1997-09-11 Citation 1997 NSCA 150 Docket CA 136443 Judge/Registrar/Adjudicator Hart, Gordon L.S. (Honourable Justice); Pugsley, Ronald N. (Honourable Justice); Clarke, Lorne O. (Honourable Chief Justice) Document Type Decision Relations Library Sheet - McCormick Estate v. Landry - 1997 NSCA 150 - 1997-09-11 - Library Sheet Decision Content Date: 19970911 Docket: C.A. 136443 NOVA SCOTIA COURT OF APPEAL Cite as: McCormick Estate v. Landry, 1997 NSCA 150 Clarke, C.J.N.S.; Hart and Pugsley, JJ.A. BETWEEN: ESTATE OF RAYMOND J. McCORMICK ) Harvey M. McPhee ) Nancy F. Barteaux ) for the Appellant Appellant ) - and - ) ) Harold A. MacIsaac ) for the Respondents BLAIR T. LANDRY and ) DEBRA ANNE (CHIASSON) LANDRY ) ) Respondents ) Appeal Heard: ) September 11, 1997 ) ) ) Judgment Delivered: ) September 11, 1997 ) ) ) ) ) ) ) ) THE COURT: Appeal dismissed from the assessment of damages resulting from a motor vehicle accident, per oral reasons for judgment of Clarke, C.J.N.S.; Hart and Pugsley, JJ.A. concurring. C.A. No. 136443 NOVA SCOTIA COURT OF APPEAL BETWEEN: ESTATE OF RAYMOND J. McCORMICK ) ) Appellant ) - and - ) REASONS ) FOR ) JUDGMENT ) BY: BLAIR T. LANDRY and ) DEBRA ANNE (CHIASSON) LANDRY ) ) CLARKE, C.J.N.S. ) (Orally) Respondents ) ) ) ) ) ) ) The reasons for judgment of the Court were delivered orally by: CLARKE, CJ.N.S.: The respondent Debra Anne Landry was injured in a motor vehicle accident on June 9, 1993. The appellant admitted liability. Following a trial, Justice Edwards assessed damages in his decision delivered January 27, 1997. The order resulting therefrom dated February 17, 1997 awarded the respondents a total of $143,158.74 based on the following distribution. General Damages............................................................. $ 38,000.00 Past Loss of Income............................................................ 20,936.00 Diminution of Future Income............................................... 60,000.00 Special Damages.................................................................. 1,269.00 Quantum Meruit...................................................................... 5,000.00 Costs ......................................................................... 8,135.00 Interest on General Damages............................................... 3,902.25 Interest on Loss of Income..................................................... 1,899.42 Interest on Special Damages................................................... 230.32 Disbursements....................................................................... 3,786.75 TOTAL .................................................................... $143,158.74 Page 2 The appellant appeals from each of the several awards made by the trial judge. The appellant contends, as it states in its notice of appeal, that the trial judge “erred in law with respect to his decision on the amount of damages awarded to the Respondents ... and his decision is contrary to the law and not in conformity with the weight and preponderance of the evidence.” After reviewing and carefully studying the record and considering the submissions of all counsel, we have concluded that there was sufficient evidence before Justice Edwards to make the findings of fact, credibility and the resulting awards which he did. In the absence of substantial error which affected his assessment of the facts or his application of the law, it is not the function of this Court to intervene. There are numerous authorities to this effect consistent with and more recent than the oft quoted Stein v. The Ship “Kathy K”, [1976] 2 S.C.R. 802, at pp. 806-8. Examples include Toneguzzo-Norvell (Guardian ad litem of) v. Burnaby Hospital, [1994] 1 S.C.R. 114, McLachlin, J. At p. 121; Cole et al v. Cole Estate (1994), 131 N.S.R. (2d) 296, Roscoe, J.A. at p. 300; Dillon v. Kelly (1996), 150 N.S.R. (2d) 102, Pugsley, J.A. at p. 111 para. 57. Page 3 Accordingly the appeal is dismissed. The respondents are awarded costs on appeal in one bill of $2,500.00 plus their disbursements. Clarke, C.J.N.S. Concurred in: Hart, J.A. Pugsley, J.A.