Davis v. Lambe, (1971) 3 Nfld. & P.E.I.R. 1 (NFSC)

CourtSupreme Court of Newfoundland and Labrador (Canada)
Case DateFebruary 19, 1971
JurisdictionNewfoundland and Labrador
Citations(1971), 3 Nfld. & P.E.I.R. 1 (NFSC)

Davis v. Lambe (1971), 3 Nfld. & P.E.I.R. 1 (NFSC)

MLB headnote and full text

Davis v. Lambe

Indexed As: Davis v. Lambe

Newfoundland Supreme Court

At Trial

Furlong, C.J.

February 19, 1971.

Summary:

The trial court allowed the application for directions by Judgment Recovery (Nfld.) Ltd. and directed that payment be made to one claimant which exhausted the limit of recovery from the Unsatisfied Judgment Fund.

As a result of a motor vehicle accident, a number of claims for damages were made against the defendant. Some claims were brought to judgment; others were outstanding. The first claimant in time applied to Judgment Recovery (Nfld.) Ltd. for damages of $35,000.00, the statutory limit for recovery from one accident.

The trial court held that since the statute made no provision for pro rata payment to claimants, claimants must take their payments in order of their applications. The trial court held that when the fund was exhausted by one or more claimants, subsequent claimants could not recover.

Motor Vehicles - Topic 1350

Unsatisfied judgment fund - Amounts recoverable - Priority between claimants - Judgment Recovery (Nfld.) Ltd. - Several judgments resulting from one accident - $35,000.00 limit on recovery from fund - Total claims of applicants in excess of $35,000.00 - Priority of claimants - Newfoundland Supreme Court ordered payment to one claimant which exhausted statutory limit.

Statutes Noticed:

Highway Traffic Act, S. Nfld. 1962, c. 82, sect. 107.

Counsel:

Robert Wells, for Jane Davis;

Thomas J. O'Reilly, for Wanda Baird and Peter Fowler and Patricia Fowler;

Ralph E. Fagan, Q.C., for Judgment Recovery (Nfld.) Ltd.

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