Smith v. Surrette

Smith v. Surrette

On the balance of probabilities the Defendant's vehicle struck the Claimant's house at foundation level (supported by vehicle damage, debris, airbag deployment, a prior admission and improbability of stopping inches before the structure), that impact caused or opened a foundation crack permitting cold air to freeze and burst a pipe, and those resulting water damages were a reasonably foreseeable type of damage; award claimant maximum Small Claims Court damages of $25,000 plus specified disbursements.

Citation
2017 NSSM 61
Parties
Claimant: Dianne Smith; Defendant: John Jacob Surrette
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
15 November 2017
Procedural Posture
Small Claims Court Property Damage (tort) / Decision (reasons for Decision, Judgment on Liability and Damages)
Outcome
Judgment for Claimant; damages awarded at the Small Claims Court maximum and disbursements allowed.
Legal Topics
Causation, Foreseeability, Credibility Assessment, Damages Assessment, Expert Evidence, Occupancy/insurance Status
Source Language
English
Tort Property Damage Negligence Insurance Causation Foreseeability Credibility Assessment Damages Assessment +2 more

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Parties

Dianne Smith

Claimant

John Jacob Surrette

Defendant

Procedural Posture

Small Claims Court Property Damage (tort) / Decision (reasons for Decision, Judgment on Liability and Damages)

Legal Issues

  1. 1 Did the Defendant's vehicle make contact with the Claimant's house?
  2. 2 Did the collision cause or materially contribute to a foundation crack that led to frozen pipe and consequent water damage?
  3. 3 Were the damages legally foreseeable?

Ratio Decidendi

On the balance of probabilities the Defendant's vehicle struck the Claimant's house at foundation level (supported by vehicle damage, debris, airbag deployment, a prior admission and improbability of stopping inches before the structure), that impact caused or opened a foundation crack permitting cold air to freeze and burst a pipe, and those resulting water damages were a reasonably foreseeable type of damage; award claimant maximum Small Claims Court damages of $25,000 plus specified disbursements.

Court Disposition

Judgment for Claimant; damages awarded at the Small Claims Court maximum and disbursements allowed.

Orders

  • Award $25,000.00 to Claimant Dianne Smith for property damage and related losses
  • Award disbursements to Claimant: $199.35 (issuance fee), $159.33 (service fee), $724.50 (expert witness fees for Philip Barkhouse)