Cyr v. Roman Catholic Bishop of Edmundston, (1982) 39 N.B.R.(2d) 361 (CA)

• Judge: Hughes, C.J.N.B., Bugold and Richard, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: March 04, 1982
• Jurisdiction: New Brunswick
• Citations: (1982), 39 N.B.R.(2d) 361 (CA)

Cyr v. R.C. Bishop (1982), 39 N.B.R.(2d) 361 (CA);

    39 R.N.-B.(2e) 361; 103 A.P.R. 361

MLB headnote and full text

Sommaire et texte intégral

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

.........................

Cyr v. Roman Catholic Bishop of Edmundston

(161/80/CA)

Indexed As: Cyr v. Roman Catholic Bishop of Edmundston

Répertorié: Cyr v. Roman Catholic Bishop of Edmundston

New Brunswick Court of Appeal

Hughes, C.J.N.B., Bugold and Richard, JJ.A.

March 4, 1982.

Summary:

Résumé:

The plaintiff brought a negligence action for damages for personal injuries received when a portion of the roof of an arena collapsed.

The New Brunswick Court of Queen's Bench, Trial Division, in a decision reported in 33 N.B.R.(2d) 684; 80 A.P.R. 684, allowed the action and awarded the plaintiff $40,000.00 general damages for personal injuries, including loss of future income. The plaintiff appealed the general damage award.

The New Brunswick Court of Appeal allowed the appeal and awarded the plaintiff $25,000.00 general damages for pain, suffering and loss of amenities, $43,760.00 for loss of future earnings and $6,240.00 for loss of earnings to the trial date.

Damage Awards - Topic 150

Injury and death - Multiple injuries - 27 year old healthy, active mother - Comminuted tibia fracture in ankle area - Fractured third lumbar vertebrae - Forearm wound requiring grafting and leaving a scar - 20% permanent partial disability due to arthritis and extreme pain in ankle area and back - The New Brunswick Court of Appeal awarded $25,000.00 general damages for pain, suffering and loss of amenities - See paragraphs 27 to 29.

Damage Awards - Topic 492

Injury and death - General damage awards - Loss of earning capacity - 27 year old mother - Employed three days per week as charwoman but intended to obtain full-time employment - 31.24 year working life expectancy - 20% permanent partial disability caused by back, hip and foot problems - The New Brunswick Court of Appeal determined the plaintiff's future economic loss at 50% of her loss had she been totally disabled - See paragraphs 18 to 26.

Damages - Topic 1550

General damages for personal injury - Prospective loss of wages or earnings - The New Brunswick Court of Appeal stated that an award for future economic loss should be made separate from an award for pain, suffering and loss of amenities - See paragraphs 3, 16 and 17.

Damages - Topic 1558

General damages for personal injury - Calculation and method of assessment - Actuarial evidence - The New Brunswick Court of Appeal discussed the weight to be given as actuarial evidence in cases of total, near total and partial disability - See paragraph 7.

Interest - Topic 5137

Interest as damages - Torts - Negligence - Personal injuries - The New Brunswick Court of Appeal discussed the rate of interest applicable and the dates from which to calculate interest when making special and general damage awards for personal injuries - See paragraphs 31 to 37.

Interest - Topic 5300

Interest as damages - Interest on payment of money or debt withheld - General - The New Brunswick Court of Appeal discussed the rate of interest applicable and the date from which to calculate interest in cases where payment of a debt is improperly withheld - See paragraph 33.

Practice - Topic 8802

Appeals - Duty of appellate court regarding damage awards by a trial judge - The New Brunswick Court of Appeal discussed an appeal court's jurisdiction to vary a trial judge's damage award - See paragraph 15.

Cases Noticed:

Andrews v. Grand & Toy (Alberta) Ltd., [1978] 2 S.C.R. 229; 19 N.R. 50; 8 A.R. 182; [1978] 1 W.W.R. 557; 83 D.L.R.(3d) 452, folld. [para. 3].

Conklin v. Smith et al., [1978] 2 S.C.R. 1107; 22 N.R. 140, folld. [para. 13].

Nance v. British Columbia Electric R. Co., [1951] 3 D.L.R. 705, consd. [para. 15].

MacDonald v. Mitchell & Barry (1970), 2 N.B.R.(2d) 165, consd. [para. 15].

Hood v. Hood, [1972] S.C.R. 244, consd. [para. 15].

Guy v. Trizec Equities Ltd. (1978), 26 N.S.R.(2d) 1; 40 A.P.R. 1; 85 D.L.R.(3d) 634, folld. [para. 17].

Thornton v. Board of School Trustees of School District No. 57, [1978] 2 S.C.R. 267; 19 N.R. 552; [1978] 1 W.W.R. 607; 83 D.L.R.(3d) 480, folld. [para. 21].

Teno et al. v. Arnold et al., [1978] 2 S.C.R. 287; 19 N.R. 1; 83 D.L.R.(3d) 609, folld. [para. 21].

Jefford and Another v. Gee, [1970] 1 All E.R. 1202, folld. [para. 32].

Schriver v. Clark, Christopherson and Christopherson (1977), 17 N.B.R.(2d) 63; 23 A.P.R. 63, refd to. [para. 32].

Murphy v. Gregory Estate (1980), 27 N.B.R.(2d) 140; 60 A.P.R. 140, refd to. [para. 32].

Guimont and Guimont v. Williston and Irving Oil Limited (1980), 30 N.B.R.(2d) 178; 70 A.P.R. 178, refd to. [para. 32].

Cookson v. Knowles, [1978] 2 W.L.R. 978, refd to. [para. 32].

Thompson v. Faranio, [1979] 1 W.L.R. 1157, consd. [para. 35].

Statutes Noticed:

Judicature Act, R.S.N.B. 1970, c. J-2, sect. 45(1) [para. 31].

Counsel:

Robert C. Rice, Q.C., for the appellant;

J. Turney Jones, Q.C., for the respondent.

This appeal was heard by Hughes, C.J.N.B., Bugold and Richard, JJ.A., of the New Brunswick Court of Appeal. On March 4, 1982, the decision of the Court of Appeal was delivered and the following opinions were filed:

Hughes, C.J.N.B. - see paragraphs 1 to 9;

Richard, J.A. - see paragraphs 10 to 37;

Bugold, J.A., concurred with Richard, J.A.

The French language translation is set out following the English language judgments: