Tremblay v. Crabbe

The defendant breached the statutory duty to yield under s.123(1) of the Motor Vehicle Act and thereby failed to meet the standard of care of a reasonable driver; the claimant proved damage causally connected to that breach by appraisal and invoices subject to reasonable adjustments, entitling the claimant to judgment for $5005.46.

Citation: 2012 NSSM 53
Parties: Claimant: John Tremblay; Defendant: Olga Crabbe
Court: Nova Scotia Small Claims Court
Jurisdiction: Canada
Judgment Date: 24 September 2012
Procedural Posture: Small Claims Motor Vehicle Collision / Decision (judgment After Hearing)
Outcome: Claim allowed; judgment for claimant in the amount of $5005.46; no costs awarded.
Legal Topics: Negligence, Damages, Right of Way, Uninsured Driver, Loss of Use, Statutory Breach as Evidence
Source Language: English

Tort Motor Vehicle Law Insurance Law Civil Procedure Negligence Damages Right of Way Uninsured Driver +2 more

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Parties

John Tremblay

Claimant

Olga Crabbe

Defendant

Procedural Posture

Small Claims Motor Vehicle Collision / Decision (judgment After Hearing)

Legal Issues

1 Was the defendant negligent in the operation of her vehicle?
2 What damages were caused by the negligence and in what amount?

Ratio Decidendi

Court Disposition

Claim allowed; judgment for claimant in the amount of $5005.46; no costs awarded.

Orders

Judgment for the claimant in the amount of $5005.46
No costs awarded