Eastland Auto Inc. v. Stiles Auto and Machine et al., (2015) 431 N.B.R.(2d) 261 (TD)
Judge | Rideout, J. |
Court | Court of Queen's Bench of New Brunswick (Canada) |
Case Date | December 18, 2014 |
Jurisdiction | New Brunswick |
Citations | (2015), 431 N.B.R.(2d) 261 (TD);2015 NBQB 12 |
Eastland Auto v. Stiles Auto (2015), 431 N.B.R.(2d) 261 (TD);
431 R.N.-B.(2e) 261; 1124 A.P.R. 261
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[French language version follows English language version]
[La version française vient à la suite de la version anglaise]
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Temp. Cite: [2015] N.B.R.(2d) TBEd. JA.023
Renvoi temp.: [2015] N.B.R.(2d) TBEd. JA.023
Eastland Auto Inc. (plaintiff) v. Stiles Auto and Machine and Allison H. Stiles (defendants)
(MC-590-12; 2015 NBQB 12; 2015 NBBR 12)
Indexed As: Eastland Auto Inc. v. Stiles Auto and Machine et al.
Répertorié: Eastland Auto Inc. v. Stiles Auto and Machine et al.
New Brunswick Court of Queen's Bench
Trial Division
Judicial District of Moncton
Rideout, J.
January 8, 2015.
Summary:
Résumé:
In May 2012, the plaintiff commenced a small claims action for $25,600 plus interest, alleging that the defendant was liable for conversion respecting a loader backhoe left at the defendant's shop. Alternatively, the plaintiff claimed rental charges for unauthorized use of the backhoe while it was in the defendant's possession between February 2005 and May 2006. At issue was whether the plaintiff's claim was barred under the Limitation of Actions Act.
The New Brunswick Court of Queen's Bench, Trial Division, held that the plaintiff's claim was statute-barred.
Limitation of Actions - Topic 9307
Postponement or suspension of statute - General - Mental incompetence - In May 2012, the plaintiff commenced a small claims action against the defendant for conversion of a backhoe, or alternatively, for rental charges for unauthorized use of the backhoe while it was in the defendant's possession between February 2005 and May 2006 - The New Brunswick Court of Queen's Bench, Trial Division, held that the claim was statute-barred (Limitation of Actions Act) - The court rejected an argument that the limitation period should be suspended under s. 18 of the Act because of the plaintiff's incapacity - The court held that the plaintiff's obsessive compulsive hoarding disorder fell short of establishing that he was "incapable of bringing the claim" within the meaning of s. 18(1) - See paragraphs 21 to 31.
Prescription - Cote 9307
Suspension de la prescription - Généralités - L'incapacité mentale - [Voir Limitation of Actions - Topic 9307 ].
Statutes Noticed:
Limitation of Actions Act, S.N.B. 2009, c. L-8.5, sect. 2(1), sect. 5, sect. 6 [para. 11]; sect. 9 [para. 13]; sect. 18 [para. 12].
Counsel:
Avocats:
Thomas J. Thompson, for the plaintiff;
John Hughes, for the defendants.
This matter was heard on December 18, 2014, before Rideout, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Moncton, who delivered the following decision on January 8, 2015.
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Richards Estate v. Industrial Alliance Insurance and Financial Services, 2019 NSSC 3
...She relies upon the 2015 decision of the New Brunswick Court of Queen’s Bench in Eastland Auto Inc. v. Stiles Auto and Machine, 2015 NBQB 12, leave to appeal denied, [2015] N.B.J. No. 67, 2015 CanLII 14499 (N.B.C.A.). A provision of the New Brunswick Limitation of Actions Act provided that ......
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Cameron v. Nova Scotia Association of Health Organizations Long Term Disability Plan, 2018 NSSC 90
...is extended to the day that is one year after the day on which the suspension ends. [32] In Eastland Auto Inc. v Stiles Auto and Machine, 2015 NBQB 12, Justice Rideout presided over a trial where Mr. Dugas, the plaintiff company’s president, suffered from “the mental disability of hoarding ......
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Richards Estate v. Industrial Alliance Insurance and Financial Services, 2019 NSSC 3
...She relies upon the 2015 decision of the New Brunswick Court of Queen’s Bench in Eastland Auto Inc. v. Stiles Auto and Machine, 2015 NBQB 12, leave to appeal denied, [2015] N.B.J. No. 67, 2015 CanLII 14499 (N.B.C.A.). A provision of the New Brunswick Limitation of Actions Act provided that ......
-
Cameron v. Nova Scotia Association of Health Organizations Long Term Disability Plan, 2018 NSSC 90
...is extended to the day that is one year after the day on which the suspension ends. [32] In Eastland Auto Inc. v Stiles Auto and Machine, 2015 NBQB 12, Justice Rideout presided over a trial where Mr. Dugas, the plaintiff company’s president, suffered from “the mental disability of hoarding ......