Akhtar v. Dalhousie University, (1975) 21 N.S.R.(2d) 593 (TD)

• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: October 10, 1975
• Jurisdiction: Nova Scotia
• Citations: (1975), 21 N.S.R.(2d) 593 (TD)

Akhtar v. Dalhousie Univ. (1975), 21 N.S.R.(2d) 593 (TD);

    28 A.P.R. 593

MLB headnote and full text

Akhtar v. Dalhousie University

Indexed As: Akhtar v. Dalhousie University

Nova Scotia Supreme Court

Trial Division

Cowan, C.J.T.D.

October 14, 1975.

Summary:

This headnote contains no summary.

Damage Awards - Topic 59

Body injuries - Hip or pelvic fracture - 24 year old male student - Good recovery with some continued pain - The Nova Scotia Supreme Court, Trial Division, provisionally awarded the plaintiff $13,000.00 general damages for personal injuries - See paragraphs 24 to 30.

Torts - Topic 3662

Occupiers' liability for dangerous premises - Use pursuant to contract - Standard of care - Educational institutions - The plaintiff student was injured when he fell on an icy and snowy walkway outside a university building - The Nova Scotia Supreme Court, Trial Division, dismissed the student's action against the university - The Trial Division stated that by virtue of the contractual relationship between the parties there was an implied warranty by the University that it will exercise reasonable care and skill to make the premises safe - The Trial Division stated that it would be unreasonable to require the university to remove all snow and ice from all parts of its premises - See paragraphs 1 to 22.

Cases Noticed:

Indermaur v. Dames (1886), L.R. 1 C.P. 274; 2 C.P. 311, folld. [para. 3].

Beaudry v. Fort Cumberland Hotel Ltd. (1971), 3 N.S.R.(2d) 1 (N.S.C.A.), folld. [para. 5].

Francis v. Cockrell (1870), L.R. 5 Q.B. 501, refd to. [para. 5].

MacLenan v. Segar, [1917] 2 K.B. 325, refd to. [para. 5].

Brown and Brown v. B. & F. Theatres Ltd., [1947] 3 D.L.R. 593; [1947] S.C.R. 486, refd to. [para. 5].

Zervobeakos v. Zervobeakos (1969), 1 N.S.R. 1965-69 101; 4 D.L.R.(3d) 609; 8 D.L.R.(3d) 377 (N.S.C.A.), refd to. [para. 5].

Monaghan v. Citadel Properties Ltd. (1972), 9 N.S.R.(2d) 561, folld. [para. 7].

Counsel:

Carman G. McCormick, for the plaintiff;

R.A. Cluney, Q.C., for the defendant.

This case was heard by COWAN, C.J.T.D., at Halifax, Nova Scotia, on May 21, and October 10, 1975. Judgment was delivered by COWAN, C.J.T.D., on October 14, 1975.