Kingston v. MacIsaac

Kingston v. MacIsaac

Court found plaintiff was primarily at fault for racing and excessive speed in breach of Motor Vehicle Act ss.100 and 101 and failing to yield under s.122(3); defendant breached duty by commencing a left turn without ensuring safety given a blind crest but acted reasonably under urgent circumstances once committed;...

Source-derived case information.

Citation
2012 NSSC 50
Parties
Plaintiff/defendant by Counterclaim: Kevin Kingston; Defendant/plaintiff by Counterclaim: Peter MacIsaac
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
16 March 2012
Procedural Posture
Motor Vehicle Negligence / Tort / Trial Judgment (supreme Court of Nova Scotia, Final Decision)
Outcome
Judgment apportioned liability 80% to Kevin Kingston and 20% to Peter MacIsaac; plaintiff's non-pecuniary damages capped as minor injury and assessed; several of plaintiff's claims dismissed.
Legal Topics
Negligence, Left Turn Duty, Speeding/street Racing, Apportionment of Liability, Minor Injury Cap Under Insurance Legislation, Damages Assessment, Credibility Findings
Source Language
english
Tort Motor Vehicle Law Insurance Law Evidence Negligence Left Turn Duty Speeding/street Racing Apportionment of Liability +3 more

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Parties

Kevin Kingston

Plaintiff/defendant by Counterclaim

Peter MacIsaac

Defendant/plaintiff by Counterclaim

Procedural Posture

Motor Vehicle Negligence / Tort / Trial Judgment (supreme Court of Nova Scotia, Final Decision)

Legal Issues

  1. 1 Whether defendant was negligent in commencing a left turn and whether plaintiff was contributorily negligent by racing and speeding
  2. 2 Whether plaintiff's injuries qualify as a non-minor injury or a 'permanent serious disfigurement' under the Insurance Act and Automobile Accident Minor Injury Regulations
  3. 3 Proper apportionment of liability given competing breaches of statutory and common law duties

Ratio Decidendi

Court found plaintiff was primarily at fault for racing and excessive speed in breach of Motor Vehicle Act ss.100 and 101 and failing to yield under s.122(3); defendant breached duty by commencing a left turn without ensuring safety given a blind crest but acted reasonably under urgent circumstances once committed; liability apportioned 80% to plaintiff and 20% to defendant; plaintiff's injuries found to be minor and general damages capped at $2,500 and assessed accordingly.

Court Disposition

Judgment apportioned liability 80% to Kevin Kingston and 20% to Peter MacIsaac; plaintiff's non-pecuniary damages capped as minor injury and assessed; several of plaintiff's claims dismissed.

Orders

  • Kingston awarded total damages $8,916.67; MacIsaac liable for 20% = $1,783.33 payable to Kingston plus agreed pre-judgment interest (2.5% on general damages; 2% on special damages)
  • MacIsaac awarded total damages $11,050.00; Kingston liable for 80% = $8,840.00 payable to MacIsaac plus agreed pre-judgment interest (2.5% on general damages; 2% on special damages)