Dawe v. Nova Collection Services (Nfld.) Ltd., (1998) 160 Nfld. & P.E.I.R. 266 (NFPC)

• Jurisdiction: Newfoundland and Labrador
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Judge: Orr, P.C.J.
• Citation: (1998), 160 Nfld. & P.E.I.R. 266 (NFPC)
• Date: 02 February 1998

Dawe v. Nova Collection (1998), 160 Nfld. & P.E.I.R. 266 (NFPC);

    494 A.P.R. 266

MLB headnote and full text

Temp. Cite: [1998] Nfld. & P.E.I.R. TBEd. FE.017

Wendall Dawe (plaintiff) v. Nova Collection Services (Nfld.) Ltd. (defendant)

(Small Claims No. 97/2671)

Indexed As: Dawe v. Nova Collection Services (Nfld.) Ltd.

Newfoundland Provincial Court

Small Claims Division

Orr, P.C.J.

February 2, 1998.

Summary:

Dawe's landlord retained a collection agency to attempt to recover rental arrears. The collection agency contacted Dawe on numerous occasions by telephone and letter and on four separate occasions, at his place of work. Dawe retained a para-legal to attempt to prevent the reoccurrence of these contacts and made complaints to the Depart­ment of Consumers Affairs and to the Police Department. Dawe sued the collection agency for invasion of privacy and private nuisance.

The Newfoundland Provincial Court, Small Claims Division, dismissed the action.

Damages - Topic 1532

General damages - Elements of general damages - Mental distress or emotional upset - Dawe's landlord retained a collec­tion agency to attempt to recover rental arrears - The collection agency contacted Dawe on numerous occasions by telephone and letter and on four separate occasions, at his place of work - Dawe sued the collection agency, claiming general dam­ages for mental anguish - The Newfound­land Provincial Court, Small Claims Division, dismissed the action - A claim for mental distress must be proven and prefer­ably proven through medical evidence - There was no such evidence called and it seemed unlikely that any mental distress could reasonably have occurred.

Torts - Topic 1007

Nuisance - General principles and defini­tions - Private nuisance defined - Dawe's landlord retained a collection agency to attempt to recover rental arrears - The collection agency contacted Dawe on numerous occasions by telephone and letter and on four separate occasions, at his place of work - Dawe sued the collection agency for invasion of privacy and private nuisance - The Newfoundland Provincial Court, Small Claims Division, dismissed the action - Although the collection agency violated the Collection Act Regu­lations by contacting Dawe as his place of employment, its actions were not suffi­ciently outrageous or extreme as to warrant a finding of nuisance or invasion of pri­vacy.

Torts - Topic 5401

Invasion of privacy - General - A plaintiff commenced a small claims action, seeking damages for invasion of privacy - Section 8 of the Privacy Act provided that any action under the Act must be heard in the Supreme Court Trial Division - The New­foundland Provincial Court, Small Claims Division, held that the plaintiff had a right of action at common law for violation of his privacy and was not precluded by the legislation - However, the plaintiff did not have the benefit of the statutory presump­tion that he suffered damages and was therefore required to prove his damages - See paragraphs 6 to 13.

Torts - Topic 5446

Invasion of privacy - Unwanted com­munications - By telephone - [See Torts - Topic 1007 ].

Cases Noticed:

Dyne Holdings Ltd. v. Royal Insurance Co. of Canada (1996), 138 Nfld. & P.E.I.R. 318; 431 A.P.R. 318 (P.E.I.T.D.), refd to. [para. 7].

Parasiuk et al. v. Canadian Newspapers Co. et al. (1988), 53 Man.R.(2d) 78 (Q.B.), refd to. [para. 7].

Corlett-Lockyer v. Stephens, [1996] B.C.J. No. 857 (Prov. Ct.), refd to. [para. 11].

Motherwell v. Motherwell, [1976] 6 W.W.R. 76; 1 A.R. 47 (C.A.), refd to. [para. 14].

Hedley Byrne & Co. v. Heller & Partners Ltd., [1964] A.C. 465 (H.L.), refd to. [para. 17].

Trask v. Terra Nova Motors (1991), 89 Nfld. & P.E.I.R. 130; 278 A.P.R. 130 (Nfld. C.A.), refd to. [para. 17].

Statutes Noticed:

Collections Act Regulations (Nfld.), Col­lections Regulations, C.N.R. 986/96, generally [para. 3].

Collections Regulations - see Collections Act Regulations (Nfld.).

Privacy Act, R.S.N. 1990, c. P-22, sect. 3(1) [para. 9]; sect. 4, sect. 6 [para. 8]; sect. 7 [para. 12]; sect. 8 [para. 10].

Authors and Works Noticed:

Dunlop, Charles Richard Bentley, Credi­tor-Debtor Law in Canada (1995), p. 57 [para. 8].

Counsel:

Counsel not disclosed.

This action was heard before Orr, P.C.J., of the Newfoundland Provincial Court, Small Claims Division, who delivered the follow­ing judgment on February 2, 1998.