Canada Case Law

Munian v. Nova Scotia (Attorney General)

Court

Supreme Court of Nova Scotia

The defendant was an occupier with responsibility for the premises and failed to apply its inspection and maintenance regime to this unit; on the balance of probabilities that failure caused the wet ceiling to collapse and injure the plaintiff, establishing a breach of the statutory duty and liability; plaintiff awarded $15,000 general damages plus prejudgment interest at 2.5% from October 25, 2016 less 26 months.

Source excerpt

• Duty of care
• Inspection and maintenance
• Causation
• Damages
• Prejudgment interest
• Res ipsa loquitur

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Taylor v. Brown

Court

Nova Scotia Small Claims Court

A bailment existed and the defendant sold the claimant's 4-wheeler without authorization, constituting conversion entitling claimant to the vehicle's value ($1,500); damage to other vehicles occurred while in defendant's custody but claimant failed to prove special damages with reliable repair estimates and general damages are capped at $100, therefore award is $1,500 plus $100 and filing fee, and the two Chevettes listed in the claim must be returned to claimant.

Source excerpt

• Conversion
• Bailment
• Damages
• Return of goods
• Res ipsa loquitur
• Statutory caps

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Sullivan v. MacLean

Court

Nova Scotia Small Claims Court

On the balance of probabilities the claimant failed to prove the defendants breached their duty of care or that the defendants' conduct caused the horse's injury; res ipsa loquitur cannot be used to infer negligence here, and evidence established the hauler used the requisite standard of care, therefore the claim is dismissed.

Source excerpt

• Duty of care
• Res ipsa loquitur
• Causation
• Veterinary expenses

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Cox v. Swartz Estate

Court

Supreme Court of British Columbia

The court dismissed an application to reopen a personal injury trial after plaintiff’s counsel mistakenly assumed liability was admitted, finding the proposed evidence would not probably change the result.

• Reopening trial
• Miscarriage of justice
• Negligence
• Res ipsa loquitur
• Discovery use at trial
• Vicarious liability

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Pettigrew v. Halifax Regional Water Commission

Court

Nova Scotia Court of Appeal

Appeal dismissed on negligence because the trial judge did not err in finding no gross negligence; appeal allowed on nuisance because s.26(b) does not apply to nuisance and Halifax Water bore the onus to prove the statutory defence in s.27A which it did not discharge, therefore nuisance was established and damages awarded to the appellants.

Source excerpt

• Negligence
• Gross negligence
• Nuisance
• Statutory defences
• Onus of proof
• Res ipsa loquitur

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Pettigrew v. Halifax Regional Water Commission

Court

Supreme Court of Nova Scotia

Plaintiffs failed to prove breach amounting to gross negligence; although the sewer backups constituted substantial and non-trivial nuisance, the statutory immunities in ss.26(b) and 27A of the Halifax Regional Water Commission Act bar recovery because there was no proof of improper construction or maintenance nor that the nuisance could have been avoided by a practically feasible alternative; therefore claims dismissed, with provisional assessment of damages.

Source excerpt

• Gross negligence
• Statutory immunity
• Damages assessment
• Res ipsa loquitur
• Pre-judgment interest
• Costs

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Cannon v. Al Perrett Enterprises Inc.

Court

Supreme Court of British Columbia

Summary trial on liability in a motorcycle repair case. The court rejected the plaintiff’s causation theory, accepted the defendant’s evidence, and dismissed the action with costs.

• Negligence
• Breach of contract
• Causation
• Summary trial
• Expert evidence
• Res ipsa loquitur

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Gaebel v. Lipka

Court

British Columbia Court of Appeal

Court of Appeal held the driver liable for a single-vehicle rollover after he drove onto the shoulder, and ordered a new trial on damages.

• Res ipsa loquitur
• Standard of care
• Burden of proof
• Causation
• Damages
• Expert evidence

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Haynes v. Haynes

Court

British Columbia Court of Appeal

The Court of Appeal allowed an appeal in a motor vehicle negligence case, finding errors in treating a regulatory breach as negligence and in the causation analysis.

• Causation
• Standard of care
• Res ipsa loquitur
• Statutory breach and negligence
• Burden of proof
• Explanation defence

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Benavides v. Insurance Corporation of British Columbia

Court

British Columbia Court of Appeal

The Court of Appeal dismissed an appeal in a passenger injury case, holding that the trial judge’s factual findings supported negligence despite a misstated burden of proof.

• Standard of care
• Burden of proof
• Res ipsa loquitur
• Public carrier liability
• Causation
• Negligence

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