Barclay v. MacRae Estate, (1971) 4 N.B.R.(2d) 874 (SCC)

• Judge: Ritchie, Hall, Spence, Pigeon and Laskin, JJ.
• Court: Supreme Court (Canada)
• Case Date: June 25, 1970
• Jurisdiction: Canada (Federal)
• Citations: (1971), 4 N.B.R.(2d) 874 (SCC)

Barclay v. MacRae Estate (1971), 4 N.B.R.(2d) 874 (SCC);

    4 R.N.-B.(2e) 874

MLB headnote and full text

Sommaire et texte intégral

Barclay v. Estate of William E. MacRae

Indexed As: Barclay v. MacRae Estate

Répertorié: Barclay v. MacRae Estate

Supreme Court of Canada

Ritchie, Hall, Spence, Pigeon and Laskin, JJ.

October 8, 1971.

Summary:

Résumé:

Appeal from a judgment of the New Brunswick Court of Appeal, June 25, 1970, 2 N.B.R.(2d) 777. See also 1971 Bulletin of Proceedings taken in the Supreme Court of Canada at page 317.

Torts - Topic 406

Negligence - Motor vehicle, rules of the road - Passing, failure to drive to the right of the centre of the road - Determination of point of impact after collision - Supreme Court of Canada affirmed the trial judge's finding that the plaintiff was the sole cause of the accident and the plaintiff drove to the left of the centre of the highway.

Damage Awards - Topic 150

Injury and death - Multiple injuries - General - 25 year old male - No permanent disability - Supreme Court of Canada affirmed award of $6,000.00 general damages for personal injuries.

Damage Awards - Topic 80

Injury and death - Fatal accidents - Father - 46 year old father earning $2,500.00 per annum - Supreme Court of Canada affirmed award of $16,000.00 general damages for death.

Counsel:

B. Barry Shapiro, Q.C., for the appellant;

Mark M. Yeoman, for the respondent.