Hyland v. Henneberry and Schurman (M.F.) Co., (1994) 132 N.S.R.(2d) 17 (SC)

• Judge: Goodfellow, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: June 29, 1994
• Jurisdiction: Nova Scotia
• Citations: (1994), 132 N.S.R.(2d) 17 (SC)

Hyland v. Henneberry (1994), 132 N.S.R.(2d) 17 (SC);

  376 A.P.R. 17

MLB headnote and full text

Nancy Hyland (plaintiff) v. Robert Henneberry and M.F. Schurman Co. Ltd. (defendants)

(S.H. No. 61508)

Indexed As: Hyland v. Henneberry and Schurman (M.F.) Co.

Nova Scotia Supreme Court

Goodfellow, J.

June 29, 1994.

Summary:

The plaintiff brought a negligence action for damages against the defendants for personal injuries suffered in a motor vehicle accident. The defendants admitted liability.

The Nova Scotia Supreme Court assessed damages accordingly.

Damage Awards - Topic 102

Injury and death - Head injuries - Brain damage - A now 48 year old woman was injured in a 1985 motor vehicle accident - Returned to work several months later and had worked continually since at higher pay - Woman was a super achiever, actively involved in her profession (teaching) and extra-curricular activities - Major injuries were brain damage (some memory problems, etc.), posttraumatic stress dis­order and jaw problems that required surgery to correct - Considerable past pain, stress and suffering - Learning to cope - Permanent changes in the quality of her life, although she continues to func­tion well in her employment - The Nova Scotia Supreme Court awarded $105,000 general damages for nonpecuniary loss - See paragraphs 158 to 160.

Damage Awards - Topic 111

Injury and death - Head injuries - Jaw - [See Damage Awards - Topic 102 ].

Damage Awards - Topic 215

Injury and death - Psychological injuries - Posttraumatic stress disorder - [See Dam­age Awards - Topic 102 ].

Damages - Topic 1550

General damages - Personal injuries - Prospective loss of earnings - A now 48 year old woman was injured in an August 1985 motor vehicle accident - She resumed full time employment in Novem­ber - Left teaching for administration positions earning more money - Her col­leagues noticed no impairment in her abilities and she had glowing performance reports - She suffered some loss of mem­ory and concentration skills, but was cop­ing - The Nova Scotia Supreme Court dismissed a claim for lost future earnings - The woman failed to establish that she must cease or alter her employment before age 55 - See paragraphs 161 to 175.

Damages - Topic 1552

General damages - Personal injuries - Loss of unused sick leave benefits - A plaintiff injured in a motor vehicle acci­dent was forced to use up all of her ac­cumulated sick leave benefits plus an extra 13.5 days, which was deducted from her salary - The Nova Scotia Supreme Court awarded the plaintiff damages for lost sick leave - The court stated that "depletion of one's sick leave bank has been character­ized as a loss of a capital asset compensable either by way of general damages or by way of special damages valued as the amount of wages which would have been lost during the time off" - See paragraphs 14 to 26.

Damages - Topic 1552.1

General damages - Personal injuries - Loss of vacation pay - The Nova Scotia Supreme Court stated that "loss of vacation is an identifiable item of damages for which an injured party is entitled to be compensated" - See paragraph 29.

Interest - Topic 5146

As damages - Prejudgment interest - Torts - Delay - Effect of - A motor vehicle negligence action came to trial nine years after the accident - The Nova Scotia Supreme Court stated that "normally prejudgment interest should only be allowed for a period of approximately four years" - However, exceptional circum­stances justified the delay - The court awarded prejudgment interest for nine years on the nonpecuniary general dam­ages, seven years on the damage award for loss of sick leave, six months on the dam­age award for loss of vacation and three years on the balance of the damage award - See paragraphs 180 to 186.

Interest - Topic 5525

As damages - Prejudgment interest - Bars - Delay - [See Interest - Topic 5146 ].

Cases Noticed:

Naugler v. MacDonnell (1978), 28 N.S.R.(2d) 453; 43 A.P.R. 453 (T.D.), refd to. [para. 16].

Smith v. Avis Transport of Canada Ltd. and Harvie (1980), 35 N.S.R.(2d) 652; 62 A.P.R. 652 (T.D.), refd to. [para. 19].

Cooper v. Miller (No. 1) (1994), 164 N.R. 81; 41 B.C.A.C. 1; 66 W.A.C. 1 (S.C.C.), refd to. [para. 25].

Smith v. Robin Hood Multifoods Inc. (1990), 110 N.B.R.(2d) 339; 276 A.P.R. 339 (T.D.), not folld. [para. 28].

Knox v. Interprovincial Engineering Ltd. et al. (1993), 120 N.S.R.(2d) 288; 332 A.P.R. 288 (S.C.), refd to. [para. 28].

Benson v. Jamieson (1992), 106 N.S.R.(2d) 335; 288 A.P.R. 335 (T.D.), affd. 117 N.S.R.(2d) 347; 324 A.P.R. 347 (C.A.), refd to. [paras. 136, 142].

Campbell et al. v. Varanese (1991), 102 N.S.R.(2d) 104; 279 A.P.R. 104 (C.A.), refd to. [para. 143].

Fulton v. Eastcoast Oilfield Services Ltd. and Roberts (1991), 99 N.S.R.(2d) 433; 270 A.P.R. 433 (T.D.), affd. 108 N.S.R.(2d) 18; 294 A.P.R. 18 (C.A.), refd to. [paras. 146, 148].

McNutt v. Dill (1989), 91 N.S.R.(2d) 63; 233 A.P.R. 63 (T.D.), refd to. [para. 148].

Kirk v. Singh (1993), 118 N.S.R.(2d) 123; 327 A.P.R. 123 (T.D.), refd to. [para. 150].

Jodrey v. Crowder's Estate et al. (1991), 98 N.S.R.(2d) 116; 263 A.P.R. 116 (T.D.), refd to. [para. 152].

Parnell v. Singer (1992), 111 N.S.R.(2d) 127; 303 A.P.R. 127 (T.D.), refd to. [para. 156].

Thomas-Canning v. Juteau (1993), 122 N.S.R.(2d) 23; 338 A.P.R. 23 (S.C.), refd to. [para. 180].

Bush v. Air Canada (1992), 109 N.S.R.(2d) 91; 297 A.P.R. 91 (C.A.), appld. [para. 181].

Royal Bank of Canada v. Woloszyn (1992), 110 N.S.R.(2d) 72; 299 A.P.R. 72 (C.A.), refd to. [para. 187].

Osborne v. Osborne (1994), 130 N.S.R.(2d) 283; 367 A.P.R. 283 (S.C.), refd to. [para. 188].

Day v. Day (1994), 129 N.S.R.(2d) 186; 362 A.P.R. 186 (S.C.), refd to. [para. 189].

Counsel:

Douglas W. Quackenbush, Lloyd R. Rob­bins and Peter A. Lohnes, for the plain­tiff;

Ross H. Haynes and Cathy L. Dalziel, for the defendants.

This appeal was heard on June 6-10, 28 and 29, 1994, at Halifax, Nova Scotia, before Goodfellow, J., of the Nova Scotia Supreme Court, who delivered the following judgment orally on June 29, 1994, with written reasons released on July 5, 1994.