Busenius v. Pott, (1988) 87 A.R. 270 (QB)

• Judge: Andrekson, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: February 05, 1988
• Citations: (1988), 87 A.R. 270 (QB)

Busenius v. Pott (1988), 87 A.R. 270 (QB)

MLB headnote and full text

Marlin Busenius (plaintiff) v. Arthur Pott and Ian Pott (defendants)

(No. 8603-16611)

Indexed As: Busenius v. Pott

Alberta Court of Queen's Bench

Judicial District of Edmonton

Andrekson, J.

February 5, 1988.

Summary:

Busenius' truck was damaged in a collision. The defendant admitted liability. The Alberta Court of Queen's Bench awarded Busenius $2,862 for the cost of repairs.

Damages - Topic 1836

Torts affecting goods - Damage to goods - Measure of damages - The plaintiff's truck was damaged - The defendant admitted liability - The plaintiff's truck was a 1972 model which had travelled 388,000 miles - The defendant argued that he should be responsible for only a portion of the cost of repairs because the value of the truck was enhanced by the repairs - The Alberta Court of Queen's Bench rejected the defendant's argument (see paragraphs 12 to 18).

Damages - Topic 1851

Torts affecting goods - Damage to goods - Cost to dismantle and reassemble - The plaintiff's truck was damaged in a collision - The defendant admitted liability - A repairman found that it was necessary to dismantle part of the car's mechanism to ascertain whether the collision caused damage to the inner workings - The Alberta Court of Queen's Bench held that in such circumstances the defendant was responsible for the cost of labour to dismantle and reassemble (see paragraph 10).

Cases Noticed:

Kinnaird et al. v. C.L. Martin & Co. Ltd., 7 D.L.R.(3d) 139, refd to. [para. 14].

Regnier v. Nelson, 19 W.W.R.(N.S.) 36, refd to. [para. 14].

His Majesty the King v. Toronto Transportation Commission, [1946] Ex. C.R. 604, revd. in part [1949] S.C.R. 510, refd to. [para. 16].

T. Donovan & Sons Limited v. Baker, 53 M.P.R. 113, refd to. [para. 16].

Counsel:

A.D. Richard (McKee & Company), for the plaintiff;

R.P. Belzil (Chatwin Belzil), for the defendants.

This case was heard by Andrekson, J., of the Alberta Court of Queen's Bench. The decision of Andrekson, J., was delivered at Edmonton, Alberta, on February 5, 1988.