Tylak v. Allen

Tylak v. Allen

The adjudicator found the claimant's account credible and the defendant's speculative; concluded the defendant breached s.114(a) and ordinary prudent driving practice by passing too closely, and awarded the claimant proven general and special damages plus costs.

Source-derived case information.

Citation
2010 NSSM 15
Parties
Claimant: Stefan Tylak; Defendant: Lance (Lanson) Allen
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
13 January 2010
Procedural Posture
Small Claims Court / Final Decision (adjudicator's Reasons)
Outcome
Judgment for Claimant in the amount of $773.08 (including costs).
Legal Topics
Negligence, Duty of Care, Breach of Statutory Duty, Damages, Passing of Vehicles
Source Language
english
Torts Motor Vehicle Law Personal Injury Property Damage Traffic Regulation Negligence Duty of Care Breach of Statutory Duty +2 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Stefan Tylak

Claimant

Lance (Lanson) Allen

Defendant

Procedural Posture

Small Claims Court / Final Decision (adjudicator's Reasons)

Legal Issues

  1. 1 Whether the defendant passed the claimant unsafely causing loss of control and injury.
  2. 2 Whether the defendant breached s.114(a) of the Motor Vehicle Act.
  3. 3 Assessment of quantum for general and special damages and costs.

Ratio Decidendi

The adjudicator found the claimant's account credible and the defendant's speculative; concluded the defendant breached s.114(a) and ordinary prudent driving practice by passing too closely, and awarded the claimant proven general and special damages plus costs.

Court Disposition

Judgment for Claimant in the amount of $773.08 (including costs).

Orders

  • Awarded $100.00 general damages for scrapes and fright.
  • Awarded $48.00 for extra public transit costs.