Fanjoy v. Keller, (1972) 5 N.B.R.(2d) 46 (CA)
Judge | Limerick, Hughes and Bugold, JJ.A. |
Court | Court of Appeal (New Brunswick) |
Case Date | March 06, 1968 |
Jurisdiction | New Brunswick |
Citations | (1972), 5 N.B.R.(2d) 46 (CA) |
Fanjoy v. Keller (1972), 5 N.B.R.(2d) 46 (CA);
5 R.N.-B.(2e) 46
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Fanjoy v. Keller
Indexed As: Fanjoy v. Keller
Répertorié: Fanjoy v. Keller
New Brunswick Court of Appeal
Limerick, Hughes and Bugold, JJ.A.
June 9, 1972.
Summary:
Résumé:
The New Brunswick Court of Appeal allowed the appeal in part and reduced a general damage award for personal injuries sustained in a motor vehicle accident from $25,000.00 to $12,000.00. Also the appeal court reduced a special damage award for loss of income from $7,860.00 to $5,000.00. The plaintiff, a 53 year old medical doctor, was injured in a motor vehicle accident and sustained soft tissue injuries to the cervical spine. The accident occurred on March 6, 1968 and after the medical doctor had returned to work he suffered a coronary attack on August 31, 1969. The trial court awarded the plaintiff doctor $7,860.00 for loss of income from May 6, 1968 to August 31, 1969. The plaintiff's evidence was based on his gross income prior to the accident but the doctor did not lead evidence with respect to his bad debt experience.
The New Brunswick Court of Appeal reduced the doctor's claim for loss of income and awarded him $5,000.00. The appeal court stated that the onus was on the doctor to prove his loss of income with reasonable accuracy. Bugold, J., dissenting, with respect to the special damage award for loss of income, would have dismissed the doctor's claim for loss of income because of the failure of the doctor to prove "substantial facts to enable the court to compute his loss of income with reasonable certainty".
The judgment of Prescott, J., of the New Brunswick Court of Queen's Bench is set out immediately following the judgment of the Court of Appeal - see paragraphs 46 to 61.
Damage Awards - Topic 178
Injury and death - Neck injuries - Whiplash - Injury to soft tissue of cervical spine caused by whiplash - 53 year old medical doctor - Pain and restriction of movement predicted to continue for two to three years - The New Brunswick Court of Appeal reduced general damage award from $25,000.00 to $12,000.00.
Evidence - Topic 216
Inferences and weight of evidence - Inferences - Inference of cause and effect - Damages - Causation - Personal injury sustained in a motor vehicle accident aggravated a pre-existing coronary heart condition - The New Brunswick Court of Appeal outlined the evidence which must be led to prove that such an accident induced a coronary attack - Paragraphs 5 and 34 to 37.
Damages - Topic 1420
Special damages - Loss of business or professional income, general - Method of proof - Medical doctor injured in motor vehicle accident - The New Brunswick Court of Appeal reduced an award for loss of income from $7,860.00 to $5,000.00 because of the failure of the claimant to prove bad debt experience - Paragraph 15.
Cases Noticed:
Levesque v. Comeau (1973), 5 N.B.R.(2d) 15; [1970] S.C.R. 1010, folld.
Counsel:
J. Turney Jones, for the defendant, appellant;
Levi Clain, for the plaintiffs, respondents.
Limerick, J.A. concurred with Hughes, J.A.
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Fanjoy v. Keller, (1973) 6 N.B.R.(2d) 273 (SCC)
...damages for personal injuries. The New Brunswick Court of Appeal reduced the general damage award from $25,000.00 to $12,000.00 - see 5 N.B.R.(2d) 46. The Supreme Court of Canada allowed the appeal and restored the general damage award of $25,000.00 made by the trial The Supreme Court of Ca......
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Fanjoy v. Keller, (1973) 6 N.B.R.(2d) 273 (SCC)
...damages for personal injuries. The New Brunswick Court of Appeal reduced the general damage award from $25,000.00 to $12,000.00 - see 5 N.B.R.(2d) 46. The Supreme Court of Canada allowed the appeal and restored the general damage award of $25,000.00 made by the trial The Supreme Court of Ca......