MacIntyre v. Beaton, (1994) 135 N.S.R.(2d) 11 (SC)

• Judge: Saunders, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: June 03, 1994
• Jurisdiction: Nova Scotia
• Citations: (1994), 135 N.S.R.(2d) 11 (SC)

MacIntyre v. Beaton (1994), 135 N.S.R.(2d) 11 (SC);

  386 A.P.R. 11

MLB headnote and full text

Gerry MacIntyre (plaintiff) v. Fred Beaton and Sharon Rose Beaton (defendants)

(S.H. No. 93-3370)

Indexed As: MacIntyre v. Beaton

Nova Scotia Supreme Court

Saunders, J.

June 3, 1994.

Summary:

A letter carrier sued homeowners for damages resulting from injuries sustained when he slipped and fell on the homeowners' property.

The Nova Scotia Supreme Court dismissed the action, but provisionally assessed dam­ages.

Damage Awards - Topic 128

Injury and death - Leg injuries - Foot - A letter carrier broke three bones in his foot - Required a cast for two months, crutches for four and a cane until he became fully ambulatory - Had trouble sleeping - Physiotherapy unhelpful - A disabling condition resulted in other foot - Requires prescription orthotics - Acute sensitivity to cold and dampness - Low tolerance to pain - Enjoyment of pastimes curtailed - Difficulty with household work - Unable to work as a carrier - The Nova Scotia Supreme Court provisionally assessed damages at $25,000, including $18,000 for pain, suffering, loss of amenities and ongoing restriction and $5,500 for loss of employment extras which were incapable of pecuniary proof - See paragraphs 24 to 35.

Damage Awards - Topic 492

Injury and death - General damage awards - Loss of earning capacity - Loss of extras - [See Damage Awards - Topic 128 ].

Torts - Topic 3711

Occupier's liability for dangerous premises - Invitees - Liability of particular occu­piers - Residential premises - [See Torts - Topic 3714 ].

Torts - Topic 3712.5

Occupier's liability for dangerous premises - Invitees - Liability of particular occu­piers - Driveways - [See Torts - Topic 3714 ].

Torts - Topic 3714

Occupier's liability for dangerous premises - Invitees - Standard of care of occupiers - What constitutes an unusual danger - A letter carrier sued for damages resulting from injuries sustained when he slipped and fell on a concrete driveway - It was a spring-like day - Snow was melting - The driveway was steep - The carrier asserted that he slipped on "black ice", but did not see what it was that caused him to fall - No evidence of ice or snow obscur­ing the driveway - The Nova Scotia Supreme Court dismissed the action, because there was no unusual danger - The court inferred that the carrier slipped and fell because of concrete made slippery from melting snow - See para­graphs 1 to 35.

Cases Noticed:

Langille v. Walton (1983), 55 N.S.R.(2d) 713; 114 A.P.R. 713 (T.D.), refd to. [para. 2].

Campbell v. Royal Bank, [1964] S.C.R. 85, consd. [para. 8].

Indermaur v. Dames (1866), L.R. 1 C.P. 274, consd. [para. 8].

Fiddes v. Rayner Construction Ltd. (1963), 45 D.L.R.(2d) 367 (N.S.C.A.), consd. [para. 9].

Doucette v. Martell and Martell (1981), 48 N.S.R.(2d) 536; 92 A.P.R. 536 (T.D.), consd. [para. 21].

Cole v. Perrin (1982), 52 N.S.R.(2d) 408; 106 A.P.R. 408 (T.D.), consd. [para. 22].

Counsel:

Eric LeDrew, for the plaintiff;

Janet Chisholm, for the defendants.

This case was heard before Saunders, J., of the Nova Scotia Supreme Court, who delivered oral judgment on June 3, 1994, with written reasons released on August 30, 1994.