McCavour v. City Transit Ltd., [1966] N.B. Law News No. 86 (QB)

• Judge: Pichette, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: August 31, 1966
• Jurisdiction: New Brunswick
• Citations: [1966] N.B. Law News No. 86 (QB)

McCavour v. City Transit Ltd., [1966] N.B. Law News No. 86 (QB)

MLB Law News

Percy V. McCavour (plaintiff) v. City Transit Limited, a duly incorporated company, and Warren Miller (defendants)

And By Consolidation Order dated March 21, 1966: Doris I. McCavour, Executrix of the Estate of Percy V. McCavour (plaintiff) v. City Transit Limited, a duly incorporated company, and Warren Miller (defendants)

(226/64/C; Archives RS48/1966/216)

Indexed As: McCavour v. City Transit Ltd.

New Brunswick Supreme Court

Queen's Bench Division

Pichette, J.

August 31, 1966.

Summary:

Evidence - Causation - Damage Award - See 66-85. On January 17, 1966, further evidence was received. On February 11, 1966, Plaintiff died. Held the cause of death was unrelated to the accident of November 2, 1962. Cause of death was an aneurysm of the anterior communicating artery. Defence medical witnesses explicitly denied any connection between multiple sclerosis and the cause of death of Plaintiff. The expert medical witness for Plaintiff speculated there was possibility of a relationship between multiple sclerosis and cause of death. Held Plaintiff must produce cogent evidence not mere surmise, conjecture or speculation in order to satisfy the burden of proof. Action of executrix of estate of Percy C. McCavour dismissed.

Plaintiff was unable to attend to his regular duties after accident but his father kept paying him his regular salary. Held no allowance for loss of earnings from his principal employer -- his father -- except for $960. which represented time he had not been working prior to his admission to hospital on January 25, 1966. Loss of earnings from other sources allowed for $3,000. $10,000. general damages for pain and suffering, and loss of amenities of life.

Damage Awards - Topic 355

Injury and death - Disease or illness - Acceleration, aggravation or onset of disease - See paragraphs 1 to 25.

Counsel:

Henry E. Ryan, Q.C., for the plaintiffs;

L.M. Machum, for the defendants.

This case was heard before Pichette, J., of the New Brunswick Supreme Court, Queen's Bench Division, who delivered the following decision on August 31, 1966.