Hawley v. Skerry and Curry and Co-Operative Fire & Casualty Co., (1983) 61 N.S.R.(2d) 195 (TD)

• Judge: Hallett, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: November 30, 1983
• Jurisdiction: Nova Scotia
• Citations: (1983), 61 N.S.R.(2d) 195 (TD)

Hawley v. Skerry (1983), 61 N.S.R.(2d) 195 (TD);

    133 A.P.R. 195

MLB headnote and full text

Hawley, Hawley, and Hawley v. Skerry and Curry (defendants) and Co-operative Fire and Casualty Company (third party)

(S.H. No. 38042)

Curry v. Skerry and Co-operative Fire and Casualty Company (third party)

(S.H. No. 40729)

Indexed As: Hawley v. Skerry and Curry and Co-Operative Fire & Casualty Co.

Nova Scotia Supreme Court

Trial Division

Hallett, J.

November 30, 1983.

Summary:

The plaintiffs brought a negligence action for damages resulting from a motor vehicle accident. It was agreed prior to trial that the defendant Skerry was grossly negligent, that the action as against the defendant Curry would be dismissed, and that the insurer would have judgment against Skerry for all amounts paid by it to the plaintiffs. The Nova Scotia Supreme Court, Trial Division, subsequently assessed the plaintiffs' damages.

Damage Awards - Topic 150

Injury and death - Multiple injuries - A 20 year old male suffered a punctured lung, damaged teeth, fractures of the right hip, left femur and left knee cap, and lacerations to his face and chest - He would have a permanent problem of pain during damp weather or after overextensive physical activity, and an increased risk of arthritis in his knees and hips - The Nova Scotia Supreme Court, Trial Division, awarded $25,000.00 general damages for nonpecuniary loss - See paragraphs 6 to 39.

Damage Awards - Topic 492

Injury and death - General damage awards - Loss of earning capacity - A 20 year old man was injured in a motor vehicle accident, preventing him from any employment requiring heavy physical activity - The Nova Scotia Supreme Court, Trial Division, held that notwithstanding his injuries would have no effect on his intended career in photography, he had suffered some loss of earning capacity and awarded $6,000.00 general damages - See paragraphs 36 to 38.

Damages - Topic 142

General principles - Purpose of damages - The Nova Scotia Supreme Court, Trial Division, stated that "the basis for the assessment of damages is restitution; that is, insofar as money can, put the injured party where he would have been had he not been injured. Damages must be assessed once and for all and should be done by breaking down the assessment between pecuniary damages and non-pecuniary damages" - See paragraph 32.

Restitution - Topic 782

Benefit acquired from the plaintiff - Recovery based on quantum meruit - Conditions precedent - A 20 year old man was injured in a motor vehicle accident caused by the defendant driver's negligence - His mother took care of him while he convalesced and claimed a reasonable amount from the defendant on a quantum meruit basis - The Nova Scotia Supreme Court, Trial Division, held that there was no legal basis for the mother's claim in quantum meruit, because no special relationship existed between the mother and the defendant - See paragraphs 42 to 46.

Cases Noticed:

Andrews et al. v. Grand & Toy Alberta et al., [1978] 2 S.C.R. 229; 19 N.R. 50; 8 A.R. 182; [1978] 1 W.W.R. 557; 83 D.L.R.(3d) 452, consd. [para. 39].

Naugler v. MacDonnell (1978), 28 N.S.R.(2d) 453; 43 A.P.R. 453, folld. [para. 39].

Lindal v. Lindal, [1981] 2 S.C.R. 629; 39 N.R. 361, refd to. [para. 40].

Lunnon and Lunnon v. Reagh and Reagh (1978), 25 N.S.R.(2d) 196; 36 A.P.R. 196, refd to. [para. 42].

Willis v. Talbot (1982), 50 N.S.R.(2d) 245; 98 A.P.R. 245, refd to. [para. 43].

Cavanaugh v. MacQuarrie (1980), 35 N.S.R.(2d) 687; 62 A.P.R. 687, consd. [para. 44].

Deglman v. Guaranty Trust Co. of Canada and Constantineau, [1954] 3 D.L.R. 785, refd to. [para. 45].

County of Carleton v. City of Ottawa (1966), 52 D.L.R.(2d) 220 (S.C.C.), refd to. [para. 45].

Nicholson v. St. Denis et al. (1976), 57 D.L.R.(3d) 699 (Ont. C.A.), refd to. [para. 45].

Authors and Works Noticed:

Saunders, Update on Damages, 1983, [para. 40].

Counsel:

Robert Murrant, for the plaintiffs Hawley;

J. Brian Church, for the defendant Skerry;

James M. O'Neil, for the defendant Curry;

Clarence A. Beckett and Robert Purdy, for the third party.

This case was heard on October 17 to 18, 1983, at Halifax, Nova Scotia, before Hallett, J., of the Nova Scotia Supreme Court, Trial Division, who delivered the following judgment on November 30, 1983.