Doyle v. Grant, (1999) 211 N.B.R.(2d) 195 (CA)

• Judge: Ayles, Drapeau and Larlee, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: April 21, 1999
• Jurisdiction: New Brunswick
• Citations: (1999), 211 N.B.R.(2d) 195 (CA)

Doyle v. Grant (1999), 211 N.B.R.(2d) 195 (CA);

    211 R.N.-B.(2e) 195; 539 A.P.R. 195

MLB headnote and full text

[French language version follows English language version]

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

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Temp. Cite: [1999] N.B.R.(2d) TBEd. AP.022

Donald D. Grant (defendant/appellant) v. Jeffrey Doyle (plaintiff/respondent)

(176/98/CA)

Indexed As: Doyle v. Grant

New Brunswick Court of Appeal

Ayles, Drapeau and Larlee, JJ.A.

April 21, 1999.

Summary:

The plaintiff suffered a relatively minor back injury in a head on collision with the defendant.

The New Brunswick Court of Queen's Bench, Trial Division, in a decision not reported in this series of reports, found that the defendant was fully liable for the acci­dent. He awarded the plaintiff $6,000 for general damages. The defendant appealed, seeking a dismissal of the action or, in the alternative, a new trial or, in the further alternative, a reduction of the award for general damages.

The New Brunswick Court of Appeal dismissed the appeal.

Damage Awards - Topic 66

Injury and death - Body injuries - Back - The plaintiff suffered a relatively minor back injury in a head on collision - The trial judge awarded him $6,000 for general damages - The New Brunswick Court of Appeal upheld the award - The plaintiff was examined by his physician on three occasions - His treatment consisted of one prescription for a muscle relaxant, the use of a cervical pillow and a heating pad to provide comfort during sleep, home exer­cises and Tylenol about five days a week - The plaintiff's back bothered him when he played with his young son, and he was unable to play baseball as he did before the accident - He was off work for ap­proximately four weeks - The trial judge did not allow any interest on the general damages.

Practice - Topic 5067

Conduct of trial - Adjournments - Cir­cum­stances when request for adjournment refused - An unsuccessful defendant appealed, alleging that the trial judge erred in not adjourning the trial to allow for the testimony of witnesses who were not im­mediately available - The New Bruns­wick Court of Appeal dismissed the appeal - The decision to deny the adjournment was purely discretionary - The appeal court could only intervene if the trial judge exercised his discretion on the basis of an error in principle, or if the denial of the adjournment brought about an injustice - The defendant did not present any com­pelling grounds to support his motion, which was presented during the trial itself - None of the witnesses that he hoped to call on the return date had been summoned by him to appear at the trial and it was not shown that their testimony could reason­ably have affected the result.

Trials - Topic 2025

Conduct of trial - Procedure - Adjourn­ments - [See Practice - Topic 5067 ].

Cases Noticed:

Collins v. Saunders and Dole (1989), 102 N.B.R.(2d) 361; 256 A.P.R. 361 (C.A.), refd to. [para. 3].

Doucet v. Savoie (1998), 197 N.B.R.(2d) 395; 504 A.P.R. 395 (C.A.), refd to. [para. 3].

Lahaie v. Paul et al., [1999] N.B.R.(2d) Uned. O15 (C.A.), refd to. [para. 3].

Landry et al. v. Doucet (1989), 95 N.B.R.(2d) 228; 241 A.P.R. 228 (C.A.), refd to. [para. 4].

Boutcher and Canada (Attorney General) v. Stewart and Stewart (1989), 99 N.B.R.(2d) 30; 250 A.P.R. 30 (C.A.), refd to. [para. 4].

Gallant v. Thibodeau (1998), 206 N.B.R.(2d) 336; 526 A.P.R. 336 (C.A.), refd to. [para. 4].

Gorman v. Hertz Drive Yourself Stations of Ontario Ltd., [1966] S.C.R. 13, refd to. [para. 5].

Fanjoy v. Keller, [1974] S.C.R. 315; 6 N.B.R.(2d) 273, refd to. [para. 5].

Woelk v. Halvorson, [1980] 2 S.C.R. 430; 33 N.R. 232; 24 A.R. 620, refd to. [para. 5].

Doiron v. Goguen (1992), 130 N.B.R.(2d) 168; 328 A.P.R. 168 (C.A.), refd to. [para. 5].

Counsel:

Ewan W. Clark, for the appellant;

Christopher M. Correia, for the respondent.

This appeal was heard on April 21, 1999, by Ayles, Drapeau and Larlee, JJ.A., of the New Brunswick Court of Appeal. The deci­sion of the court was delivered orally on April 21, 1999.