MacLean v. Empire Theatres, (1998) 171 N.S.R.(2d) 113 (SC)

• Judge: MacLellan, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: April 28, 1998
• Jurisdiction: Nova Scotia
• Citations: (1998), 171 N.S.R.(2d) 113 (SC)

MacLean v. Empire Theatres (1998), 171 N.S.R.(2d) 113 (SC);

    519 A.P.R. 113

MLB headnote and full text

Temp. Cite: [1998] N.S.R.(2d) TBEd. DE.004

Kathy Marie MacLean (plaintiff) v. Empire Theatres Limited, a body corporate, carrying on business under the name "Empire Drive-In Theatre" (defendant)

(S.P. No. 03479)

Indexed As: MacLean v. Empire Theatres Ltd.

Nova Scotia Supreme Court

MacLellan, J.

April 28, 1998.

Summary:

The plaintiff claimed damages for injuries sustained in a fall that occurred on the premises of a drive-in theatre operated by the defendant.

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

Damage Awards - Topic 103

Injury and death - Head injuries - Lacer­ations and abrasions - The plaintiff claimed damages for injuries sustained in a fall that occurred on the premises of a drive-in theatre operated by the defendant - She required 19 stitches to her forehead - Left with a barely noticeable scar - She claimed that she had fairly severe head­aches in the week following the accident - She also had nose bleeds and complained about a charley horse in her leg - The medical evidence did not detail the com­plaints other than the cut to her head - The Nova Scotia Supreme Court dismissed the action, but provisionally assessed dam­ages, including $6,000 for pain and suffer­ing - See paragraphs 32 to 37.

Damage Awards - Topic 108

Injury and death - Head injuries - Head­aches - [See Damage Awards - Topic 103 ].

Torts - Topic 3574

Occupiers' liability or negligence for dan­gerous premises - Negligence of occupier - Standard of care - [See Torts - Topic 3654 ].

Torts - Topic 3654

Occupiers' liability or negligence for dan­gerous premises - Use pursuant to contract - Standard of care - The plaintiff claimed damages for injuries sustained in a fall that occurred on the premises of a drive-in theatre oper­ated by the defendant - She alleged that she tripped on the edge of the sidewalk outside the canteen, stumbled into the canteen and struck her head on a poster case - The Nova Scotia Supreme Court dismissed the action - The court found that the plaintiff tripped on the door threshold at the can­teen entrance - The court held that there was no unusual dan­ger present and the defendant took all reasonable steps to ensure that the canteen entrance was rea­sonably safe.

Torts - Topic 3714

Occupiers' liability or negligence for dan­gerous premises - Invitees - Standard of care of occupiers - Unusual danger - [See Torts - Topic 3654 ].

Cases Noticed:

Campbell v. Royal Bank of Canada (1963), 43 D.L.R.(2d) 341 (S.C.C.), appld. [para. 20].

Vyas v. Board of Education of Colchester-East Hants District (1989), 94 N.S.R.(2d) 350; 247 A.P.R. 350 (C.A.), refd to. [para. 20].

Fiddes v. Raynor Construction Ltd. (1963), 45 D.L.R.(2d) 367 (N.S.C.A.), refd to. [para. 20].

MacIntyre v. Beaton (1994), 135 N.S.R.(2d) 11; 386 A.P.R. 11 (S.C.), refd to. [para. 21].

Brown v. B. and F. Theatres Ltd., [1947] S.C.R. 486, appld. [para. 27].

Counsel:

Jamie MacGillivray, for the plaintiff;

David Miller, Q.C., and Nancy Murray, for the defendant.

This action was heard at Pictou, Nova Scotia, on April 6 and 7, 1998, by MacLellan, J., of the Nova Scotia Supreme Court, who delivered the following decision on April 28, 1998.