Hubley v. Hubley Estate, (2010) 307 Nfld. & P.E.I.R. 323 (PEITD)

• Judge: Campbell, J.
• Case Date: March 25, 2010
• Jurisdiction: Prince Edward Island
• Citations: (2010), 307 Nfld. & P.E.I.R. 323 (PEITD)

Hubley v. Hubley Estate (2010), 307 Nfld. & P.E.I.R. 323 (PEITD);

    954 A.P.R. 323

MLB headnote and full text

Temp. Cite: [2010] Nfld. & P.E.I.R. TBEd. SE.007

Denise Hubley (plaintiff) v. Public Trustee as Litigation Administrator of the Estate of Philip Douglas Hubley (defendant)

(S1-GS-21678; 2010 PESC 38)

Indexed As: Hubley v. Hubley Estate

Prince Edward Island Supreme Court

Trial Division

Campbell, J.

September 7, 2010.

Summary:

Philip Hubley was killed in a motor vehicle accident allegedly caused by his own fault. His wife Denise, a passenger in the motor vehicle, sued Philip's estate for damages for heads which included loss of benefits to her from Philip's employment earnings and Philip's retirement pension benefits, and loss of care, guidance and companionship. The Public Trustee, on behalf of the estate, applied to strike the above damage claims for failure to disclose a cause of action.

The Prince Edward Island Supreme Court, Trial Division, allowed the application.

Practice - Topic 2230

Pleadings - Striking out pleadings - Grounds - Failure to disclose a cause of action or defence - [See Torts - Topic 79 ].

Torts - Topic 79

Negligence - Duty of care - Factors limiting or reducing scope of duty of care - Philip Hubley was killed in a motor vehicle accident allegedly caused by his own fault - His wife Denise, a passenger in the motor vehicle, sued Philip's estate for damages for heads which included loss of benefits to her from Philip's employment earnings and Philip's retirement pension benefits, and loss of care, guidance and companionship - The Prince Edward Island Supreme Court, Trial Division, struck those claims for failure to disclose a cause of action - Denise sought to recover losses not for injury directly to her, but for the consequences of injuries (death) which the deceased negligently inflicted upon himself - There was no common law duty for one to refrain from negligently causing his own death - Nor was there a statutory duty to that effect in the Fatal Accidents Act (PEI) - The Act did not entitle dependants to sue the deceased's estate on the basis that the deceased had failed to exercise reasonable care and skill in protecting his own life or safety - The courts were not entitled to extend the scope of any recovery possible under the Act - See paragraphs 1 to 36.

Words and Phrases

Deceased - The Prince Edward Island Supreme Court, Trial Division, discussed the meaning of the word "deceased" found in s. 2 of the Fatal Accidents Act, R.S.P.E.I. 1988, c. F-5 - The court indicated that it was the intent of the Legislature that the "deceased" and the "wrongdoer" referred to in s. 2 were two separate persons - See paragraphs 26 and 27.

Words and Phrases

Wrongdoer - The Prince Edward Island Supreme Court, Trial Division, discussed the meaning of the word "wrongdoer" found in s. 2 of the Fatal Accidents Act, R.S.P.E.I. 1988, c. F-5 - The court indicated that it was the intent of the Legislature that the "deceased" and the "wrongdoer" referred to in s. 2 were two separate persons - See paragraphs 26 and 27.

Cases Noticed:

Hunt v. Carey Canada Inc. - see Hunt v. T & N plc et al.

Hunt v. T & N plc et al., [1990] 2 S.C.R. 959; 117 N.R. 321, consd. [para. 5].

Bank of Montreal v. Charlottetown (City) (2006), 262 Nfld. & P.E.I.R. 155; 794 A.P.R. 155; 2006 PESCAD 26, consd. [para. 6].

Canadian National Railway Co. et al. v. Norsk Pacific Steamship Co. and Tug Jervis Crown et al., [1992] 1 S.C.R. 1021; 137 N.R. 241, consd. [para. 8].

Ordon et al. v. Grail, [1998] 3 S.C.R. 437; 232 N.R. 201; 115 O.A.C. 1; 1998 CanLII 771, dist. [para. 12].

R. v. Salituro, [1991] 3 S.C.R. 654; 131 N.R. 161; 50 O.A.C. 125, consd. [para. 13].

Cooper v. Registrar of Mortgage Brokers (B.C.) et al., [2001] 3 S.C.R. 537; 277 N.R. 113; 160 B.C.A.C. 268; 261 W.A.C. 268; 2001 SCC 79, consd. [para. 20].

Cooper v. Hobart - see Cooper v. Registrar of Mortgage Brokers (B.C.) et al.

Anns v. Merton London Borough Council, [1978] A.C. 728 (H.L.), consd. [para. 20].

Cady v. Anderson et al., [1992] B.C.T.C. Uned. C69; 1992 CarswellBC 2387 (S.C.), refd to. [para. 21].

Greatorex v. Greatorex, [2000] 4 All E.R. 769; [2000] EWHC 223 (Q.B.), consd. [para. 22].

Admiralty Commissioners v. S.S. Amerika, [1917] A.C. 38 (H.L.), consd. [para. 34].

Statutes Noticed:

Fatal Accidents Act, R.S.P.E.I. 1988, c. F-5, sect. 2 [para. 26].

Counsel:

Bruce W. Evans, for the plaintiff;

Tracey L. Clements and Rosemary Scott, Q.C., for the defendant.

This application was heard on March 25, 2010, by Campbell, J., of the Prince Edward Island Supreme Court, Trial Division, who delivered the following decision on September 7, 2010.