Bustos v. Tardif, 2015 ABQB 202

• Judge: Ross, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: February 12, 2015
• Citations: 2015 ABQB 202;(2015), 614 A.R. 389 (QB)

Bustos v. Tardif (2015), 614 A.R. 389 (QB)

MLB headnote and full text

Temp. Cite: [2015] A.R. TBEd. AP.028

Alejandro Bustos (appellant) v. Joseph Tardif (respondent)

(1403 13418; 2015 ABQB 202)

Indexed As: Bustos v. Tardif

Alberta Court of Queen's Bench

Judicial District of Edmonton

Ross, J.

March 25, 2015.

Summary:

The plaintiff sued the defendant for $13,441.47 for damage to his vehicle in a motor vehicle accident. Liability was conceded.

The Alberta Provincial Court found that the vehicle, after repairs, had not been returned to its pre-accident condition. The court held that fact constituted objective evidence of "repair-related" diminished value (lowered value associated with the extent and nature of repairs following an accident). The trial judge assessed damages at $2500 in light of the age of the vehicle, the type of vehicle and the nature of the remaining damage to the vehicle after repairs. The plaintiff appealed.

The Alberta Court of Queen's Bench held that the trial judge erred in his statement and application of the legal principles related to damages for depreciation. Whether a theorized diminution in value related to the "stigma" associated with an accident or the nature of repairs required as a result of an accident, to the extent that the plaintiff sought to recover damages for depreciated value, the existence of the loss of value had to be proved and could not be presumed. The court noted, however, that depreciation was just one way of assessing the loss of value of property. The cost of repair (restoration) was an equally appropriate and, in fact, a more common measure of loss of value. While the trial judge erred in his approach, he could have reached the same result based on the evidence before him using the restoration cost. In the result, the court dismissed the appeal.

Damage Awards - Topic 513

Torts - Injury to goods or personalty - Depreciation - See paragraphs 10 to 27.

Damages - Topic 1842

Torts affecting goods - Damage to goods - Depreciation due to damage - See paragraphs 10 to 27.

Damages - Topic 1845

Torts affecting goods - Damage to goods - Repair - General - See paragraphs 10 to 27.

Practice - Topic 8802

Appeals - Duty of appellate court regarding damage awards by a trial judge - See paragraph 5.

Counsel:

John R. Gilbert, for the applicant;

Joseph Tardif, for the respondent.

This appeal was heard on February 12, 2015, in Edmonton, Alberta, before Ross, J., of the Alberta Court of Queen's Bench, who delivered the following decision on March 25, 2015.