Bourgoin v. Violette Motors Ltd., [1967] N.B. Law News No. 17 (QB)

• Judge: Pichette, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: January 25, 1967
• Jurisdiction: New Brunswick
• Citations: [1967] N.B. Law News No. 17 (QB)

Bourgoin v. Violette Motors, [1967] N.B. Law News No. 17 (QB)

MLB Law News

Lionel Bourgoin (plaintiff) v. Violette Motors Ltd. (a body corporate) (defendant)

(259/66/C; Archives RS48/1966/259)

Indexed As: Bourgoin v. Violette Motors Ltd.

New Brunswick Supreme Court

Queen's Bench Division

Pichette, J.

January 25, 1967.

Summary:

Landlord and Tenant - Tenant Defendant held responsible to Landlord Plaintiff for damages caused by fire started by negligent acts of employee of Defendant. Lease did not contain a provision with respect to fire and Court held Defendant responsible under Section 6 of the Landlord and Tenant Act for voluntary waste which includes the destruction of the premises by willful or negligent acts. Plaintiff awarded $1,658.00 for damages for damage to building and Court refused to allow approximately $1,400.00 further damages to building because of lack of proof. Court rejected estimate which was not prepared by witness but only checked by witness.

Counsel:

Robert C. Rice, for the plaintiff;

Jean-Marc Michaud, for the defendant.

This case was heard at the Madawaska County Circuit Court, November Term, 1966, before Pichette, J., of the New Brunswick Supreme Court, Queen's Bench Division, who delivered the following decision on January 25, 1967.