Judgment Recovery (N.S.) Ltd. v. Kirk

Judgment Recovery (N.S.) Ltd. v. Kirk

Appeal dismissed: s.214(1)(a) of the Motor Vehicle Act requires disclosure only of amounts received from or on behalf of the judgment debtor; it does not authorize deduction by Judgment Recovery of collateral benefits from other sources (here Canada Pension Plan disability payments), therefore Judgment Recovery was...

Source-derived case information.

Citation
1995 NSCA 92
Parties
Appellant: Judgment Recovery (N.S.) Limited; Respondent: Willis B. Kirk
Court
Nova Scotia Court of Appeal
Jurisdiction
Canada
Judgment Date
11 January 1995
Procedural Posture
Civil Appeal / Court of Appeal Decision on Appeal From Supreme Court of Nova Scotia (chambers)
Outcome
Appeal dismissed
Legal Topics
Judgment Recovery/unsatisfied Judgment Fund, Collateral Benefits Deduction, Canada Pension Plan Disability Benefits, Interpretation of Ss.213 216 and S.214(1)(a)
Source Language
english
Motor Vehicle Law Statutory Interpretation Tort/damages Insurance Law Social Security/benefits Judgment Recovery/unsatisfied Judgment Fund Collateral Benefits Deduction Canada Pension Plan Disability Benefits +1 more

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Parties

Judgment Recovery (N.S.) Limited

Appellant

Willis B. Kirk

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Decision on Appeal From Supreme Court of Nova Scotia (chambers)

Legal Issues

  1. 1 Whether Judgment Recovery (N.S.) Ltd. may deduct Canada Pension Plan disability benefits from amounts payable under judgments
  2. 2 Proper interpretation of s.214(1)(a)(i)-(ii) and s.213(2) of the Motor Vehicle Act
  3. 3 Role and scope of collateral benefit deductions under the Judgment Recovery scheme

Ratio Decidendi

Appeal dismissed: s.214(1)(a) of the Motor Vehicle Act requires disclosure only of amounts received from or on behalf of the judgment debtor; it does not authorize deduction by Judgment Recovery of collateral benefits from other sources (here Canada Pension Plan disability payments), therefore Judgment Recovery was not entitled to deduct the CPP payments from the judgment payable.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs to respondent fixed at 1000.00 CAD