Blacquiere Estate v. Canadian Motor Sales Corp. and Clark, (1975) 10 Nfld. & P.E.I.R. 178 (PEISC)

• Judge: Nicholson, J.
• Case Date: February 04, 1975
• Jurisdiction: Prince Edward Island
• Citations: (1975), 10 Nfld. & P.E.I.R. 178 (PEISC)

Blacquiere v. Motor Sales (1975), 10 Nfld. & P.E.I.R. 178 (PEISC);

    17 A.P.R. 178

MLB headnote and full text

Blacquiere's Estate v. Canadian Motor Sales Corporation Limited and Clark

Indexed As: Blacquiere Estate v. Canadian Motor Sales Corp. and Clark

Prince Edward Island Supreme Court

Nicholson, J.

February 4, 1975.

Summary:

This case arose out of the plaintiff's claim in negligence for damages arising out of a motor vehicle collision. The plaintiff's son was killed in an automobile collision, which the plaintiff claimed was caused by the seizure of the engine in the son's Toyota automobile. The collision occurred when the son's automobile suddenly went out of control on a straight stretch of road for unexplained reasons. Several months after the accident, the plaintiff formed the theory that the engine in the Toyota had seized. The plaintiff brought an action against the defendant distributor and the defendant dealer in negligence for damages.

The Prince Edward Island Supreme Court dismissed the action. The Supreme Court stated that both the distributor and the dealer owed a duty to the purchaser to ensure that the automobile so marketed was free from defects which arise from the negligence or lack of care on the part of the manufacturer. The Supreme Court held that the plaintiff failed to establish that the engine in the automobile had seized.

Damage Awards - Topic 87

Personal injuries and death - Fatal injuries - Son - The Prince Edward Island Supreme Court awarded no damages for the death of an 18 year old boy, where it was not shown that the son contributed anything to the financial well-being of his parents or that there was a reasonable expectation that he would do so in future - Paragraphs 19 and 30 to 31.

Damage Awards - Topic 1310

Exemplary or punitive damages - General principles - Where punitive damages may be awarded - Negligent manufacture of goods - Defective automobile - The Prince Edward Island Supreme Court reviewed the principles of the award of punitive damages and ruled that the concept could be applicable to actions in negligence - The Supreme Court stated that, even if the manufacturer was negligent in manufacture in the circumstances, the situation would not be appropriate for the award of punitive damages - Paragraphs 20 to 28.

Damages - Topic 1313

Exemplary or punitive damages - Effect of Survival of Actions Act, R.S.P.E.I. 1974, c. S-13, s. 3(a), which barred a claim for exemplary damages - The plaintiff brought an action under the Fatal Accidents Act for damages for the death of his son - The Prince Edward Island Supreme Court held that a claim for exemplary damages under the Fatal Accidents Act was not barred by the Survival of Actions Act - Paragraph 29.

Torts - Topic 4351

Suppliers of goods - Products liability - Dealer - The plaintiff's son was killed in an automobile collision, which the plaintiff claimed was caused by the seizure of the engine of the son's Toyota automobile - The plaintiff brought an action against the defendant dealer for negligence - The Prince Edward Island Supreme Court stated that a dealer owed a duty to the purchaser to ensure that the goods so marketed were free from defects which arise from negligence or lack of care on the part of the manufacturer - The Supreme Court held that the plaintiff failed to prove that the engine of the automobile had seized and dismissed the action - Paragraphs 9 to 17.

Torts - Topic 4351

Suppliers of goods - Products liability - Distributor - The plaintiff's son was killed in an automobile collision, which the plaintiff claimed was caused by the seizure of the engine of the son's Toyota automobile - The plaintiff brought an action against the defendant importer and distributor for negligence - The Prince Edward Island Supreme Court stated that a distributor owed a duty to the purchaser to ensure that the goods so marketed were free from defects which arise from negligence or lack of care on the part of the manufacturer - The Supreme Court held that the plaintiff failed to prove that the engine of the automobile had seized and dismissed the action - Paragraphs 9 to 17.

Cases Noticed:

Phillips v. Ford Motor Company of Canada Limited, [1970] 2 O.R. 714, rev'd [1971] 2 O.R. 637, appld. [para. 10].

Denison v. Fawcett, [1958] O.R. 312, appld. [para. 19].

Rookes v. Barnard, [1964] A.C. 1129, not folld. [para. 19].

Cassel & Co. Ltd. v. Broome et al., [1972] 1 All E.R. 801, not folld. [para. 21].

Wasson v. California Standard (1965), 47 D.L.R. 71, refd to. [para. 23].

McKinnon v. F.W. Woolworth Co. Ltd. et al. (1968), 70 D.L.R. 280, folld. [para. 23].

Eagle Motors (1958) Ltd. v. Makaoff (1971), 17 D.L.R. 222, folld. [para. 24].

Fraser v. Wilson (1969), 6 D.L.R. 531, folld. [para. 24].

University of New Brunswick v. Strax (1969), 1 N.B.R.(2d) 112, folld. [para. 24].

Gouzenko v. Lefolii (1967), 63 D.L.R. 217, folld. [para. 24].

S. v. Munday (1970), 9 D.L.R.(3d) 446, folld. [para. 24].

Unrau v. Barrowman (1966), 59 D.L.R. 168, folld. [para. 24].

McElroy v. Cowper-Smith and Woodman, [1967] S.C.R. 425, refd to. [para. 25].

Canadian Ironworkers Union No. 1 v. International Association, etc. Local 97 (1972), 31 D.L.R. 750, appld. [para. 26].

Crosby v. O'Reilly et al. (1973), 6 W.W.R. 632, dist. [para. 30].

Kidd v. George, 38 D.L.R.(3d) 278, dist. [para. 30].

Anderson's Estate v. Johnston, 4 Nfld. & P.E.I.R. 537, dist. [para. 30].

LaPoint Est. v. Godin, 5 N.B.R.(2d) 351, dist. [para. 30].

Child et al. v. Stevenson et al (1972), 6 W.W.R. 140, dist. [para. 30].

Pitre v. Pitre, 4 N.B.R.(2d) 509, dist. [para. 30].

Augeropoulos v. Karanasos, [1969] 2 O.R. 521, dist. [para. 30].

Statutes Noticed:

Fatal Accidents Act, R.S.P.E.I. 1974, c. F-4.

Survival of Actions Act, R.S.P.E.I. 1974, c. S-13, sect. 1, sect. 2, sect. 3(a), sect. 7 [para. 29].

Counsel:

Bernard McCabe, for the plaintiff;

Alan K. Scales, Q.C., for the defendant, Canadian Motor Sales Corp. Ltd.;

J. Melville Campbell, for the defendant, Clark.

This case was heard before NICHOLSON, J., of the Prince Edward Island Supreme Court. On February 4, 1975, NICHOLSON, J., delivered the following judgment