MacCallum v. Gamache

MacCallum v. Gamache

Because both vehicles were insured in Nova Scotia and the loss was solely property damage, s.138A of the Insurance Act applied, which requires the claimant to seek recovery from her own insurer and bars a claim against the other driver; accordingly the claim against the defendant was dismissed without prejudice to a claim against the claimant's insurer.

Citation
2014 NSSM 17
Parties
Claimant: Tanya MacCallum; Defendant: Matthew Gamache
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
7 March 2014
Procedural Posture
Small Claims Court / Decision (post Hearing)
Outcome
Claim dismissed without prejudice to any claim against the Claimant's insurer under the Insurance Act.
Legal Topics
Direct Compensation for Property Damage, No Fault Insurance Regime, Right of Action Against Third Parties, Insurance Act S.138 a, Insurance Act S.148 B
Source Language
English
Insurance Law Tort Motor Vehicle Law Property Damage Statutory Interpretation Direct Compensation for Property Damage No Fault Insurance Regime Right of Action Against Third Parties +2 more

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Parties

Tanya MacCallum

Claimant

Matthew Gamache

Defendant

Procedural Posture

Small Claims Court / Decision (post Hearing)

Legal Issues

  1. 1 Whether s.138A of the Nova Scotia Insurance Act precludes a plaintiff from suing another motorist for property damage where both vehicles are insured in Nova Scotia and there are no personal injuries
  2. 2 Whether s.148B permits a right of action that overrides s.138A
  3. 3 Whether the claimant may pursue the defendant despite lacking collision coverage and instead must claim under her own policy

Ratio Decidendi

Because both vehicles were insured in Nova Scotia and the loss was solely property damage, s.138A of the Insurance Act applied, which requires the claimant to seek recovery from her own insurer and bars a claim against the other driver; accordingly the claim against the defendant was dismissed without prejudice to a claim against the claimant's insurer.

Court Disposition

Claim dismissed without prejudice to any claim against the Claimant's insurer under the Insurance Act.

Orders

  • Claim dismissed without prejudice to any claim against the Claimant's insurer under the Insurance Act.
  • Defendant awarded incidental costs of 34.5 CAD for a police report.