Green v. T&T Inspections & Engineering Ltd. et al.,

• Jurisdiction: Nova Scotia
• Judge: Smith
• Neutral Citation: 2012 NSSC 131
• Citation: (2012), 315 N.S.R.(2d) 173 (SC),2012 NSSC 131,315 NSR(2d) 173,(2012), 315 NSR(2d) 173 (SC),315 N.S.R.(2d) 173
• Subject Matter: PRACTICE
• Date: 29 February 2012
• Court: Supreme Court of Nova Scotia (Canada)

Green v. T&T Inspections (2012), 315 N.S.R.(2d) 173 (SC);

    998 A.P.R. 173

MLB headnote and full text

Temp. Cite: [2012] N.S.R.(2d) TBEd. AP.006

Donald Campbell Green (plaintiff) v. T&T Inspections & Engineering Ltd., a body corporate, and Alco Industrial Inc., a body corporate (defendants/plaintiffs by crossclaim)

(Hfx No. 181886; 2012 NSSC 131)

Indexed As: Green v. T&T Inspections & Engineering Ltd. et al.

Nova Scotia Supreme Court

Smith, A.C.J.S.C.

March 28, 2012.

Summary:

The plaintiff sued for damages for a workplace injury in Saskatchewan when a "rod hook" fractured and penetrated his skull. The defendants were the companies that conducted non-destructive testing and repaired the "rod hook". The plaintiff elected trial by a jury. The defendants moved under rule 52.02(5)(b) to have the trial tried by judge alone due to the complexity of the expert evidence to be called at trial. At issue was whether the degree of complexity was such as to deny the plaintiff his prima facie right to a jury trial.

The Nova Scotia Supreme Court allowed the motion and directed a trial by judge alone.

Practice - Topic 5100

Juries and jury trials - Right to a jury - General (incl. when jury trial appropriate) - The plaintiff sued for damages for a workplace injury in Saskatchewan when a "rod hook" fractured and penetrated his skull - The defendants were the companies that conducted non-destructive testing and repaired the "rod hook" - The plaintiff elected trial by a jury - The defendants moved under rule 52.02(5)(b) to have the trial tried by judge alone due to the complexity of the expert evidence to be called at trial - At issue was whether the degree of complexity was such as to deny the plaintiff his prima facie right to a jury trial - The Nova Scotia Supreme Court allowed the motion and directed a trial by judge alone - There were currently five expert reports, with contradictory conclusions - More expert reports were expected - The court stated that "the analysis that underlies the conclusions is extremely complex and, in my view, would require careful study and thought for a non-scientist or non-engineer to comprehend" - Unlike a jury, "a judge will be free to reserve her decision and take whatever time is necessary to analyze this complex and technical evidence".

Cases Noticed:

MacNeil v. Hill the Mover (Canada) Ltd. et al. (1961), 27 D.L.R.(2d) 734 (N.S.C.A.), refd to. [para. 8].

King v. Colonial Homes Ltd. et al., [1956] S.C.R. 528, refd to. [para. 8].

Marshall v. Curry (No. 2) (1933), 6 M.P.R. 267 (N.S.C.A.), refd to. [para. 9].

Myra v. Langille (1987), 80 N.S.R.(2d) 135; 200 A.P.R. 135 (T.D.), refd to. [para. 9].

MacIntyre v. Nova Scotia Power Corp. (1995), 145 N.S.R.(2d) 209; 418 A.P.R. 209 (S.C.), refd to. [para. 12].

Crocker v. MacDonald and Myrden (1992), 116 N.S.R.(2d) 184; 320 A.P.R. 184 (S.C.), affd. 116 N.S.R.(2d) 196; 320 A.P.R. 196 (C.A.), refd to. [para. 14].

Anderson v. QEII Health Sciences Centre et al. (2009), 281 N.S.R.(2d) 324; 893 A.P.R. 324; 2009 NSSC 242, affd. (2010), 287 N.S.R.(2d) 316; 912 A.P.R. 316; 2010 NSCA 7, refd. to. [para. 15].

Young et al. v. St. Rita Hospital and Critchley (1985), 68 N.S.R.(2d) 293; 159 A.P.R. 293 (T.D.), refd to. [para. 28].

Statutes Noticed:

Civil Procedure Rules (N.S.), 2009, rule 52.02 [para. 5].

Judicature Act, R.S.N.S. 1989, c. 240, sect. 34(a) [para. 4].

Rules of Civil Procedure (N.S.) - see Civil Procedure Rules (N.S.).

Rules of Court (N.S.) - see Civil Procedure Rules (N.S.).

Counsel:

Janus Siebrits, for the plaintiff;

Jean McKenna and Andrew Gough, for the defendant, T&T Inspections & Engineering Ltd.;

Ann E. Smith, for the defendant, Alco Industrial Inc.

This motion was heard on February 29, 2012, at Halifax, N.S., before Smith, A.C.J.S.C., of the Nova Scotia Supreme Court, whose following oral decision of March 28, 2012, was released in writing on April 3, 2012.