Frasz Estate, Frasz and Frasz v. Janzen, (1981) 10 Sask.R. 443 (QB)

• Judge: Sirois, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: March 02, 1981
• Jurisdiction: Saskatchewan
• Citations: (1981), 10 Sask.R. 443 (QB)

Frasz Estate v. Janzen (1981), 10 Sask.R. 443 (QB)

MLB headnote and full text

Frasz Estate, Frasz and Frasz v. Janzen

(Q.B. No. 581)

Indexed As: Frasz Estate, Frasz and Frasz v. Janzen

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Sirois, J.

March 2, 1981.

Summary:

A husband, as executor of his late wife's estate, brought an action under the Fatal Accidents Act for damages on his own and his infant son's behalf.

The Saskatchewan Court of Queen's Bench allowed the action.

Damage Awards - Topic 84

Injury and death - Fatal accidents - Mother and wife - Death of mother and wife, aged 41, leaving surviving her husband, aged 42, and two children, one adult and one in grade 12 - The woman earned a net income of $1,024.29 per month but only 30% went to the husband - The husband did not plan to remarry - The Saskatchewan Court of Queen's Bench awarded $41,000.00 general damages including $2,500.00 to the infant son, $35,000.00 to the husband as the value of the dependency and $3,500.00 to the husband for loss of consortium - See paragraphs 12 to 23.

Damage Awards - Topic 585

Torts affecting third parties - Loss of consortium - A wife was killed in a motor vehicle accident - The couple were married 21 years but only lived together on weekends - The wife was 41, the husband 42 - The Saskatchewan Court of Queen's Bench awarded the husband $3,500.00 for loss of consortium - See paragraph 22.

Damages - Topic 2110

Torts causing death - Method of assessment of value of the dependency - Lump sum - General - The Saskatchewan Court of Queen's Bench listed the principles to be used in assessing damages in a fatal accident case - See paragraphs 13 to 16.

Torts - Topic 352

Negligence - Motor vehicles - Pedestrians - On highway - A motorist stopped her small vehicle so that the right front and rear wheels were on the highway shoulder - The motorist then squatted behind the open driver's side door to urinate - The defendant driver, travelling in the same lane as the pedestrian-motorist, struck and killed her - The accident occurred at night - The highway was wide enough for two vehicles to pass the stopped vehicle at the same time - The Saskatchewan Court of Queen's Bench held the pedestrian-motorist was not negligent - See paragraphs 1 to 11.

Torts - Topic 451

Negligence - Motor vehicles - Speed - Excessive - The defendant struck a pedestrian who was behind the opened driver's door of her stopped vehicle - The defendant and pedestrian-motorist were travelling in the same direction - Two cars could pass the stopped vehicle at the same time - The accident occurred at night when the defendant was prohibited from driving - The defendant saw the pedestrian but fearing a collision with an oncoming vehicle, hit the pedestrian - The defendant did not brake - The Saskatchewan Court of Queen's Bench held the defendant solely at fault for driving so fast that he could not control his vehicle - See paragraphs 1 to 11.

Cases Noticed:

Houghton v. Underhill et al. (1956), 38 M.P.R. 131, consd. [para. 6].

Brooks v. Ward, [1956] S.C.R. 683, consd. [para. 6].

Yorkshire Dale Steamship Co. v. Minister of Transport, [1942] A.C. 691, refd to. [para. 8].

McKee et al. v. Malenfant, [1954] S.C.R. 655, refd to. [para. 9].

Sigurdson v. B.C. Electric Co., [1953] A.C. 302, refd to. [para. 9].

Bruce v. McIntrye, [1955] S.C.R. 251, refd to. [para. 9].

Keizer v. Hanna and Buck, [1978] 2 S.C.R. 342; 19 N.R. 209, folld. [para. 13].

Lamont v. Pederson and Markewicz, [1979] 6 W.W.R. 577; 6 Sask.R. 361, folld. [para. 13].

Forlano v. Lane (1979), 19 A.R. 58, consd. [para. 22].

Franko v. Woolfe, 52 D.L.R.(2d) 355, consd. [para. 23].

Statutes Noticed:

Fatal Accidents Act, R.S.S. 1978, c. F-11 [para. 1].

Authors and Works Noticed:

Charlesworth on Negligence (2nd Ed.), p. 471 [para. 8].

Counsel:

R. Burlingham and D. LeLand, for the plaintiff;

D. Quon, for the defendant.

This case was heard by SIROIS, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon, who on March 2, 1981, delivered the following judgment.