Breau v. Amherst, (1996) 155 N.S.R.(2d) 161 (SC)

• Judge: Saunders, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: November 06, 1996
• Jurisdiction: Nova Scotia
• Citations: (1996), 155 N.S.R.(2d) 161 (SC)

Breau v. Amherst (1996), 155 N.S.R.(2d) 161 (SC);

    457 A.P.R. 161

MLB headnote and full text

Randy Breau (plaintiff) v. The Town of Amherst (defendant)

(1996 S.A.M. No. 2579)

Indexed As: Breau v. Amherst (Town)

Nova Scotia Supreme Court

Saunders, J.

November 6, 1996.

Summary:

On March 3, 1995, the plaintiff slipped and fell on ice in the parking lot of a hockey rink operated by the defendant town. The plaintiff sued the town for damages based on its duty as an occupier.

The Nova Scotia Supreme Court dismissed the action. Slippery conditions in a hockey rink parking lot in March was not an "unusual danger". The town exercised rea­sonable care and was not an insurer of the safety of parking lot users.

Damage Awards - Topic 125

Injury and death - Leg injuries - Ankle - A 34 year old male plaintiff broke his ankle and tore ligaments on March 3 - Closed reduction and cast - Did not prop­erly heal - Surgery done to insert two screws - Physiotherapy - Able to return to work by September - Had been immobi­lized for four months - Good recovery - Again enjoyed full range of activities - The Nova Scotia Supreme Court provisionally assessed $12,000 general damages for nonpecuniary loss - See paragraphs 56 to 60.

Torts - Topic 3613

Occupiers' liability for dangerous premises - Negligence of particular occupiers - Parking lots - The town hockey rink parking lot was bare except for a few patches of snow and wet spots from water run-off - It was March and temperatures fluctuated above and below freezing, caus­ing snow to melt, then refreeze - The 34 year old plaintiff (wearing sneakers) chose not to park in a bare spot, even though he knew that the parking lot contained slip­pery areas - When he returned from the rink, he slipped and fell on a patch of black ice behind his van, breaking his ankle - The Nova Scotia Supreme Court dismissed the plaintiff's action for damages against the town as occupier - Slippery conditions in Nova Scotia parking lots in March did not constitute an unusual danger - The town exercised reasonable care - The court reiterated that the town was not a guarantor of the safety of parking lot users - Alternatively, had the town not exercised reasonable care, the plaintiff would have been primarily responsible due to his own contributory negligence - See paragraphs 1 to 55.

Torts - Topic 3712

Occupiers' liability for dangerous premises - Invitees - Liability of particular occu­piers - Recreational and sports arenas and facilities - [See Torts - Topic 3613 ].

Torts - Topic 6611

Defences - Contributory negligence - Particular cases - Knowledge of premises or dangerous premises - [See Torts - Topic 3613 ].

Cases Noticed:

Gould v. Amherst (Town) (1991), 109 N.S.R.(2d) 439; 297 A.P.R. 439 (T.D.), refd to. [para. 12].

Vyas v. Board of Education of Colchester-East Hants District (1989), 94 N.S.R.(2d) 350; 247 A.P.R. 350 (C.A.), refd to. [para. 21].

Indermaur v. Dames (1866), L.R. 1 C.P. 274, refd to. [para. 21].

MacIntyre v. Beaton (1994), 135 N.S.R.(2d) 11; 386 A.P.R. 11 (S.C.), refd to. [para. 59].

Counsel:

Jerome T. Langille, for the plaintiff;

Douglas B. Shatford, Q.C., for the defen­dant.

This action was heard at Amherst, N.S., on October 9-10, 1996, before Saunders, J., of the Nova Scotia Supreme Court, who de­livered the following judgment on Nov­ember 6, 1996.