Holland v. Sparks, 2018 NSSC 136

JurisdictionNova Scotia
JudgeHonourable Justice Gerald R.P. Moir
Citation2018 NSSC 136
Docket NumberHfx No. 447579
CourtSupreme Court of Nova Scotia (Canada)
Date18 June 2018
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5 practice notes
  • Sparks v. Holland, 2019 NSCA 3
    • Canada
    • Court of Appeal of Nova Scotia (Canada)
    • January 18, 2019
    ...of the action? [6] The matter was heard before Justice Gerald R.P. Moir on March 15, 2018. In a decision dated June 18, 2018 (reported as 2018 NSSC 136), he answered “no” to the [7] For the reasons that follow, I would grant leave to appeal and allow the appeal. The appellant did not seek c......
  • Damages Arising From Future Loss Of Income Determined On Gross, Not Net Basis
    • Canada
    • Mondaq Canada
    • June 17, 2019
    ...loss of earning capacity is assessed on the basis of gross loss of income without deduction. The court also referred to Holland v Sparks, 2018 NSSC 136, where Justice Moir interpreted the words "before the trial of the action" in s. 113A of the Act. Relying on the presumption of tautology, ......
  • MacDonald v. MacVicar, 2018 NSSC 272
    • Canada
    • Supreme Court of Nova Scotia (Canada)
    • September 20, 2018
    ...[2005] O.T.C. 292, [2005] O.J. No. 1629 (Ont. Sup. Ct. J.); Tibbetts v. Murphy, 2017 NSCA 35, [2017] N.S.J. No. 147; Holland v. Sparks, 2018 NSSC 136, [2018] N.S.J. No. 232; and Gillies Lumber Inc. v. Kubassek Holdings Ltd., [1999] OJ No. 2692 (CA). THIS INFORMATION SHEET DOES NOT FORM PART......
  • Before And After: NS Supreme Court Decision On CPP Benefit Deductability
    • Canada
    • Mondaq Canada
    • August 3, 2018
    ...are excluded from the application of Section 113A of the Insurance Act and are not deductible from damages. Footnotes 1 Holland v Sparks, 2018 NSSC 136. 2 Tibbetts v Murphy, 2017 NSCA The content of this article is intended to provide a general guide to the subject matter. Specialist advice......
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2 cases
  • Sparks v. Holland, 2019 NSCA 3
    • Canada
    • Court of Appeal of Nova Scotia (Canada)
    • January 18, 2019
    ...of the action? [6] The matter was heard before Justice Gerald R.P. Moir on March 15, 2018. In a decision dated June 18, 2018 (reported as 2018 NSSC 136), he answered “no” to the [7] For the reasons that follow, I would grant leave to appeal and allow the appeal. The appellant did not seek c......
  • MacDonald v. MacVicar, 2018 NSSC 272
    • Canada
    • Supreme Court of Nova Scotia (Canada)
    • September 20, 2018
    ...[2005] O.T.C. 292, [2005] O.J. No. 1629 (Ont. Sup. Ct. J.); Tibbetts v. Murphy, 2017 NSCA 35, [2017] N.S.J. No. 147; Holland v. Sparks, 2018 NSSC 136, [2018] N.S.J. No. 232; and Gillies Lumber Inc. v. Kubassek Holdings Ltd., [1999] OJ No. 2692 (CA). THIS INFORMATION SHEET DOES NOT FORM PART......
3 firm's commentaries
  • Damages Arising From Future Loss Of Income Determined On Gross, Not Net Basis
    • Canada
    • Mondaq Canada
    • June 17, 2019
    ...loss of earning capacity is assessed on the basis of gross loss of income without deduction. The court also referred to Holland v Sparks, 2018 NSSC 136, where Justice Moir interpreted the words "before the trial of the action" in s. 113A of the Act. Relying on the presumption of tautology, ......
  • Before And After: NS Supreme Court Decision On CPP Benefit Deductability
    • Canada
    • Mondaq Canada
    • August 3, 2018
    ...are excluded from the application of Section 113A of the Insurance Act and are not deductible from damages. Footnotes 1 Holland v Sparks, 2018 NSSC 136. 2 Tibbetts v Murphy, 2017 NSCA The content of this article is intended to provide a general guide to the subject matter. Specialist advice......
  • CPP Disability Payments Deductible From Future Loss
    • Canada
    • Mondaq Canada
    • January 30, 2019
    ...article was written with assistance from Trevor Wong, an Articled Clerk in Cox & Palmer's Halifax office. Footnotes Holland v Sparks, 2018 NSSC 136, at paras 34 and Tibbetts v Murphy, 2015 NSSC 280, at para 86 Tibbetts v Murphy, 2017 NSCA 35, at para 58 Sparks v Holland, 2019 NSCA 3, at......

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