MacKinnon v. Coldwell, (1973) 8 N.S.R.(2d) 651 (TD)

• Judge: Dubinsky, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: November 22, 1972
• Jurisdiction: Nova Scotia
• Citations: (1973), 8 N.S.R.(2d) 651 (TD)

MacKinnon v. Coldwell (1973), 8 N.S.R.(2d) 651 (TD)

MLB headnote and full text

MacKinnon v. Coldwell

Indexed As: MacKinnon v. Coldwell

Nova Scotia Supreme Court

Trial Division

Dubinsky, J.

March 6, 1973.

Summary:

This case arose out of a claim for damages for personal injuries arising out of a motor vehicle accident. Liability was admitted by the defendant. The judgment reported below is an assessment of damages for personal injuries to a husband and wife - see topic headings below.

Damage Awards - Topic 70

Back injury - Aggravation of pre-existing condition - 56 year old machine tool operator - Partial loss of sensation in leg and continued back pain - Loss of amenities of life - The Nova Scotia Supreme Court, Trial Division, awarded the plaintiff $6,500.00 general damages for personal injuries (which included an amount for loss of consortium resulting from injuries to wife) - See paragraphs 10 to 15 and 33.

Damage Awards - Topic 180

Neck injury - Fracture of cervical vertebrae - 50 year old housewife - Permanent impairment of range of motion of spine - Permanent posterial hypertension - Continued pain - Premature ageing - Possibility of paralysis - The Nova Scotia Supreme Court, Trial Division, awarded the plaintiff $55,000.00 general damages for personal injuries - See paragraphs 30 to 53.

Damages - Topic 200

Entitlement - The Nova Scotia Supreme Court, Trial Division, reviewed the general principles with respect to the subject of general damages for personal injuries - See paragraphs 3 to 9.

Damages - Topic 1731

Recovery of wages paid by employer to an injured employee - A term in a collective agreement obligated the employee to claim against third parties for wages paid during time off work - The Nova Scotia Supreme Court, Trial Division, allowed recovery by the plaintiff employee against the defendant tortfeasor of $844.00 for loss of wages - See paragraphs 2, and 16 to 25.

Damages - Topic 4705

Personal injury to plaintiff's wife - Loss of consortium by the plaintiff husband - The Nova Scotia Supreme Court, Trial Division, included an amount for general damages for loss of consortium in a general damage award to the husband - See paragraphs 26 to 33.

Words and Phrases

Consortium - The Nova Scotia Supreme Court, Trial Division, discussed the meaning of the word "consortium" with respect to the marital relationship - See paragraphs 29 to 31.

Cases Noticed:

Yorke v. Campbell (1967), 3 N.S.R. 1965-69 765; 53 M.P.R. 278, folld. [para. 8].

Woodworth v. Farmer (1963), 39 D.L.R.(2d) 179, not folld. [para. 17].

Receiver for Metropolitan Police District v. Croydon Corp., Monmouthshire County Council v. Smith, [1957] 2 Q.B. 154, not folld. [para. 19].

Sullivan et al. v. Riverside Rentals Limited et al., 6 N.S.R.(2d) 642, folld. [para. 21].

Orman v. Saville Sportswear, Ltd., [1960] 3 All E.R. 105, folld. [para. 21].

Menhennet v. Schoenholz (1971), 20 D.L.R.(3d) 395, folld. [para. 22].

Dennis v. London Passenger Transport Board, [1948] 1 All E.R. 779, folld. [para. 24].

Terry v. Lotocky and Simpson (1961), W.W.R. 335, folld. [para. 24].

Lawrence v. Biddle, [1966] 2 Q.B. 504, folld. [para. 28].

Finney et al. v. Callender et al. (1971), 20 D.L.R. 301, folld. [para. 24].

Kungl v. Schiefer (1961), 25 D.L.R.(2d) 344, folld. [para. 29].

Canestraro v. Larade (1972), 28 D.L.R.(3d) 290, folld. [para. 31].

Counsel:

L.A. Bell, Q.C., and H.E. Wrathall, for the plaintiffs;

David R. Hubley, for the defendants.

This case was heard by Dubinsky, J., on November 22, 1972. Judgment was delivered on March 6, 1973.