Lilly v. Muise

Lilly v. Muise

Claimant was more probably first into the intersection and therefore had the right of way under s.122; the defendant failed to yield and is legally responsible for the collision, so claimant's damages are awarded and the counterclaim is dismissed.

Citation
2014 NSSM 19
Parties
Claimant: Vanessa Lilly; Defendant: Walter Muise
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
7 March 2014
Procedural Posture
Small Claims Court Motor Vehicle Collision / Decision (reasons for Decision)
Outcome
Judgment for the Claimant; Defendant found liable; counterclaim dismissed
Legal Topics
Right of Way, Apportionment of Liability, Damages, Interest and Costs, Evidence and Credibility
Source Language
English
Negligence Motor Vehicle Law Insurance Subrogation Civil Procedure Right of Way Apportionment of Liability Damages Interest and Costs +1 more

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Parties

Vanessa Lilly

Claimant

Walter Muise

Defendant

Procedural Posture

Small Claims Court Motor Vehicle Collision / Decision (reasons for Decision)

Legal Issues

  1. 1 Which driver was negligent
  2. 2 Whether both drivers were negligent and appropriate apportionment
  3. 3 Whether defendant must indemnify claimant insurer (subrogation)

Ratio Decidendi

Claimant was more probably first into the intersection and therefore had the right of way under s.122; the defendant failed to yield and is legally responsible for the collision, so claimant's damages are awarded and the counterclaim is dismissed.

Court Disposition

Judgment for the Claimant; Defendant found liable; counterclaim dismissed

Orders

  • Judgment for Claimant against Defendant in the sum of $7,216.41 for damages
  • Interest at 4% from June 8, 2013 in the amount of $215.00