Lush v. Thompson

Lush v. Thompson

Because the defendants admitted liability the court entered summary judgment with damages to be assessed; the medical evidence established with reasonable certainty that the plaintiff suffered a whiplash/soft tissue injury causally linked to the accident; the defendants' delay in obtaining expert evidence or...

Source-derived case information.

Citation
2003 NSSC 249
Parties
Plaintiff: Imelda Lush; Defendant: Adam Thompson; Owner/defendant: Craig Thompson
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
17 December 2003
Procedural Posture
Personal Injury / Motor Vehicle Tort / Chambers Application for Summary Judgment and Interim Payment (rule 33.01)
Outcome
Summary judgment entered for plaintiff against defendant(s) with damages to be assessed; interim payment of $15,000 ordered.
Legal Topics
Summary Judgment, Interim Payment, Damages Assessment, Causation, Liability Admission, Credibility
Source Language
english
Tort Civil Procedure Motor Vehicle Accidents Personal Injury Summary Judgment Interim Payment Damages Assessment Causation +2 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 7 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Imelda Lush

Plaintiff

Adam Thompson

Defendant

Craig Thompson

Owner/defendant

Procedural Posture

Personal Injury / Motor Vehicle Tort / Chambers Application for Summary Judgment and Interim Payment (rule 33.01)

Legal Issues

  1. 1 Whether summary judgment should be entered following admission of liability
  2. 2 Whether an interim payment under rule 33.01(A) should be ordered
  3. 3 Whether the plaintiff's injuries are established with reasonable certainty as resulting from the accident

Ratio Decidendi

Because the defendants admitted liability the court entered summary judgment with damages to be assessed; the medical evidence established with reasonable certainty that the plaintiff suffered a whiplash/soft tissue injury causally linked to the accident; the defendants' delay in obtaining expert evidence or alleging credibility did not bar relief; therefore an interim payment of $15,000 was just and proportionate under rule 33.01(A).

Court Disposition

Summary judgment entered for plaintiff against defendant(s) with damages to be assessed; interim payment of $15,000 ordered.

Orders

  • Summary judgment entered against Adam Thompson with damages to be assessed.
  • Interim payment of $15,000 ordered pursuant to Civil Procedure Rules r.33.01(A).