Jeffery v. Naugler, 2006 NSSC 43

• Judge: Robertson, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: September 28, 2005
• Jurisdiction: Nova Scotia
• Citations: 2006 NSSC 43;(2006), 240 N.S.R.(2d) 370 (SC)

Jeffery v. Naugler (2006), 240 N.S.R.(2d) 370 (SC);

    763 A.P.R. 370

MLB headnote and full text

Temp. Cite: [2006] N.S.R.(2d) TBEd. FE.018

Girth Ruth Jeffery (plaintiff/respondent) v. Chris Naugler (defendant/applicant)

(S.H. No. 193869; 2006 NSSC 43)

Indexed As: Jeffery v. Naugler

Nova Scotia Supreme Court

Robertson, J.

February 10, 2006.

Summary:

The plaintiff's vehicle was passed by the defendant's tractor-trailer. The plaintiff was struck by a piece of metal that allegedly came off the defendant's vehicle. The plaintiff brought a negligence action for damages against the defendant for personal injuries suffered. The defendant moved for summary judgment to dismiss the action.

The Nova Scotia Supreme Court granted summary judgment dismissing the action. There was uncontradicted expert evidence that the metal did not come from the defendant's vehicle and that there was no place on the defendant's vehicle where the 5 inch by 7 inch piece of metal could dangle, as alleged by the plaintiff. There was no genuine issue for trial. The negligence claim was not factually supported and had no real chance of success. The plaintiff's bare allegation of negligence, without supporting facts, was not sufficient.

Practice - Topic 5719

Judgments and orders - Summary judgments - To dismiss action - The plaintiff's vehicle was passed by the defendant's tractor-trailer - The plaintiff was struck by a piece of metal that allegedly came off the defendant's vehicle - The plaintiff brought a negligence action for damages against the defendant for personal injuries suffered - The defendant moved for summary judgment to dismiss the action - The Nova Scotia Supreme Court granted summary judgment dismissing the action - There was uncontradicted expert evidence that the metal did not come from the defendant's vehicle and that there was no place on the defendant's vehicle where the 5 inch by 7 inch piece of metal could dangle, as alleged by the plaintiff - There was no genuine issue for trial - The negligence claim was not factually supported and had no real chance of success - The plaintiff's bare allegation of negligence, without supporting facts, was not sufficient.

Cases Noticed:

Hercules Management Ltd. et al. v. Ernst & Young et al., [1997] 2 S.C.R. 165; 211 N.R. 352; 115 Man.R.(2d) 241; 139 W.A.C. 241, refd to. [para. 4].

Guarantee Co. of North America v. Gordon Capital Corp., [1999] 3 S.C.R. 423; 247 N.R. 97; 126 O.A.C. 1, refd to. [para. 4].

United Gulf Developments Ltd. et al. v. Iskandar et al. (2004), 222 N.S.R.(2d) 137; 701 A.P.R. 137; 2004 CarswellNS 67 (C.A.), refd to. [para. 4].

Binder v. Royal Bank of Canada et al. (2003), 216 N.S.R.(2d) 363; 680 A.P.R. 363; 2003 CarswellNS 309 (C.A.), refd to. [para. 4].

Selig v. Cook's Oil Co. et al. (2004), 225 N.S.R.(2d) 318; 713 A.P.R. 318; 2004 CarswellNS 328 (S.C.), refd to. [para. 6].

Jager Industries Inc. v. Canadian Occidental Petroleum Ltd. et al. (2000), 273 A.R. 1 (Q.B.), refd to. [para. 6].

Dawson et al. v. Rexcraft Storage and Warehouse Inc. et al. (1998), 111 O.A.C. 201; 1998 CarswellOnt 3202 (C.A.), refd to. [para. 8].

Boehner (Doug) Trucking & Excavating Ltd. v. United Gulf Developments Ltd. et al. (2004), 221 N.S.R.(2d) 101; 697 A.P.R. 101 (C.A.), refd to. [para. 20].

Amos v. Watkins (1995), 138 Nfld. & P.E.I.R. 91; 431 A.P.R. 91 (Nfld. Prov. Ct.), dist. [para. 25].

Thomas v. Scott (1976), 14 Nfld. & P.E.I.R. 227; 33 A.P.R. 227 (Nfld. T.D.), dist. [para. 28].

Dorey v. Oosterhoff, 1989 CarswellOnt 1645, refd to. [para. 31].

Counsel:

Sarah L. Harris, for the plaintiff/respondent;

Christa M. Hellstrom, for the defendant/applicant.

This motion was heard on September 28, 2005, at Halifax, N.S., before Robertson, J., of the Nova Scotia Supreme Court, who delivered the following judgment on February 10, 2006.