Eastern Marble & Tile Ltd. v. Cody

Eastern Marble & Tile Ltd. v. Cody

On the balance of probabilities the adjudicator found the Claimant failed to prove the Defendant struck the Claimant's vehicle; the Defendant's and his witnesses' consistent evidence outweighed the imprecise police investigation, therefore the claim is dismissed and limited costs are awarded to the Defendant.

Citation
2005 NSSM 40
Parties
Claimant: Eastern Marble & Tile Limited; Defendant: Michael Thomas Cody
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
28 February 2005
Procedural Posture
Small Claims Motor Vehicle/property Damage / Decision
Outcome
Claim dismissed; Defendant awarded costs; Claim for lost wages denied.
Legal Topics
Collision Liability, Evidence and Credibility, Costs, Damages
Source Language
English
Tort Property Damage Motor Vehicle Law Collision Liability Evidence and Credibility Costs Damages

Case Brief

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Parties

Eastern Marble & Tile Limited

Claimant

Michael Thomas Cody

Defendant

Procedural Posture

Small Claims Motor Vehicle/property Damage / Decision

Legal Issues

  1. 1 Whether the Defendant's vehicle struck the Claimant's parked vehicle
  2. 2 Whether the Claimant proved liability on the balance of probabilities
  3. 3 Whether the Claimant was entitled to lost wages

Ratio Decidendi

On the balance of probabilities the adjudicator found the Claimant failed to prove the Defendant struck the Claimant's vehicle; the Defendant's and his witnesses' consistent evidence outweighed the imprecise police investigation, therefore the claim is dismissed and limited costs are awarded to the Defendant.

Court Disposition

Claim dismissed; Defendant awarded costs; Claim for lost wages denied.

Orders

  • Claim dismissed.
  • Defendant awarded costs of $473.00 under Small Claims Court Regulations (4 trips to Halifax $320.00; filing fee $53.00; witness fees and meals $100.00).