Hachey v. Dakin, Kempt and Canadian Provincial Insurance Co., (1983) 57 N.S.R.(2d) 441 (TD)

• Judge: Burchell, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: February 25, 1983
• Jurisdiction: Nova Scotia
• Citations: (1983), 57 N.S.R.(2d) 441 (TD)

Hachey v. Dakin (1983), 57 N.S.R.(2d) 441 (TD);

    120 A.P.R. 441

MLB headnote and full text

Hachey v. Dakin, Kempt and Canadian Provincial Insurance Company (third party)

(SAM No. 0735)

Indexed As: Hachey v. Dakin, Kempt and Canadian Provincial Insurance Co.

Nova Scotia Supreme Court

Trial Division

Burchell, J.

June 20, 1983.

Summary:

The plaintiff driver brought a negligence action against the defendant driver for damages for personal injuries suffered in a head on collision between their motor vehicles - The Nova Scotia Supreme Court, Trial Division, held that the plaintiff and defendant were equally at fault, and awarded the plaintiff $38,180.00 damages.

Evidence - Topic 2401

Presumptions - Inference from failure to call available evidence - The defendant driver in a motor vehicle negligence action did not give evidence - The Nova Scotia Supreme Court, Trial Division, held that there was an inference that the defendant was negligent where he failed to testify - See paragraph 3.

Damages - Topic 1630

General damages - Considerations in assessing general damages - Loss of income - Unreported income - Effect of - The plaintiff in a motor vehicle negligence action claimed damages for loss of income - The plaintiff had not filed an income tax return for the previous year - The Nova Scotia Supreme Court, Trial Division, held that the failure to file an income tax return did not absolutely bar a claim for loss of income, but raised a strong inference that the plaintiff had earned no taxable income - See paragraph 8.

Damage Awards - Topic 150

Multiple injuries - General - A 44 year old male suffered multiple fractures in a motor vehicle accident - He fractured his left leg, ribs, maxilla, and broke his ear drum - Extreme complications developed, requiring five operations - The plaintiff would suffer a permanent disability because one leg was now shorter than the other -The Nova Scotia Supreme Court, Trial Division, assessed $30,000 general damages for pain and suffering - See paragraphs 13 to 17.

Cases Noticed:

McGrath v. LaDrew (1980), 34 N.S.R.(2d) 166; 59 A.P.R. 166, refd to. [para. 3].

Dingwall v. Gouthro (1979), 29 N.S.R.(2d) 348; 45 A.P.R. 348, refd to. [para. 3].

Bannister v. MacDougall's Estate (1981), 53 N.S.R.(2d) 201; 109 A.P.R. 201, not folld. [para. 8].

Leggs v. Richards (1979), 34 N.S.R.(2d) 612; 59 A.P.R. 612, refd to. [para. 16].

Sibbons v. Atkins (1982), 50 N.S.R.(2d) 122; 98 A.P.R. 122, refd to. [para. 16].

Lucas v. MacKenzie (1982), 50 N.S.R.(2d) 344; 98 A.P.R. 344, refd to. [para. 16].

Grover v. Lowther (1982), 52 N.S.R.(2d) 22; 106 A.P.R. 22, refd to. [para. 17].

Fancy et al. v. Burgoyne's Estate et al. (1982), 52 N.S.R.(2d) 1; 106 A.P.R. 1, refd to. [para. 17].

Counsel:

R.B. Archibald and M.A. Pare, for the plaintiff;

R.G. Belliveau, for the defendants;

T.C. Matthews, for the third party.

This case was heard on February 25, 1983, at Amherst, Nova Scotia, before BURCHELL, J., of the Nova Scotia Supreme Court, Trial Division, who delivered the following judgment on June 20, 1983: