McNutt v. Registrar of Motor Vehicles (N.S.), (1978) 25 N.S.R.(2d) 496 (CA)

• Judge: MacKeigan, C.J.N.S., Cooper and Macdonald, JJ.A.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: March 20, 1978
• Jurisdiction: Nova Scotia
• Citations: (1978), 25 N.S.R.(2d) 496 (CA)

McNutt v. Reg. of Motor Vehicles (1978), 25 N.S.R.(2d) 496 (CA);

    36 A.P.R. 496

MLB headnote and full text

McNutt v. Registrar of Motor Vehicles

Indexed As: McNutt v. Registrar of Motor Vehicles (N.S.)

Nova Scotia Supreme Court

Appeal Division

MacKeigan, C.J.N.S., Cooper and Macdonald, JJ.A.

March 20, 1978.

Summary:

This case arose out of a claim for damages for personal injuries arising out of a motor vehicle accident. The identity of the driver who caused the accident could not be ascertained and the plaintiff commenced an action against the Registrar of Motor Vehicles pursuant to s. 230 of the Motor Vehicle Act. The Nova Scotia Supreme Court, Trial Division, allowed the plaintiff's action and awarded the plaintiff damages of $11,100.00. The judgment of the Trial Division is set out below - See paragraphs 10 to 49. The defendant Registrar of Motor Vehicles appealed to the Nova Scotia Court of Appeal on the ground that the plaintiff failed to give "2 months previous notice" as required by s. 230(2) of the Motor Vehicle Act.

The Nova Scotia Court of Appeal dismissed the appeal and affirmed the judgment of the Trial Division - see paragraphs 1 to 9.

Damage Awards - Topic 130

Leg injuries - Knee - Fracture of tibial plateau extending into the knee joint - Adult male truck driver - Permanent partial disability - The Nova Scotia Supreme Court, Trial Division, awarded the plaintiff $9,000.00 general damages for personal injuries - See paragraphs 40 to 46.

Motor Vehicles - Topic 1703

Unsatisfied judgment fund - Actions against an unknown driver - Whether the plaintiff made all reasonable efforts to ascertain the identity of the unknown driver - The Nova Scotia Supreme Court, Trial Division referred to the efforts made by the plaintiff and held that they were sufficient compliance with s. 230(5)(b) of the Nova Scotia Motor Vehicle Act - See paragraphs 31 to 34.

Time - Topic 1541

Months - Period stated in months - S. 230(2) of the Nova Scotia Motor Vehicle Act required "2 months previous notice" to the Registrar of intention to bring an action against the Registrar - The plaintiff gave notice of intended action to the Registrar on October 24, 1975 and began the action on December 24, 1975 - The Nova Scotia Court of Appeal held that the notice was sufficient - The Court of Appeal stated that "2 months previous notice" did not mean 2 clear months previous notice - See paragraphs 1 to 9 and 25 to 30.

Torts - Topic 57

Negligence - Motor vehicles - Causation - Successive or consecutive causes - Rear end collision - The plaintiff struck the rear of a vehicle which stopped abruptly due to a car negligently entering the highway - The Nova Scotia Supreme Court, Trial Division, held that the driver of the car entering the highway was 100 per cent at fault and liable for the plaintiff's damages - See paragraphs 35 to 39.

Cases Noticed:

Re Ostrom and The Corporation of the Township of Sidney (1888), 15 O.A.R. 372 (Ont. C.A.), refd to. [para. 4].

Freeman v. Read (1863), 4 B. & S. 174; 122 E.R. 425, refd to. [para. 5].

Young v. Higgon (1840), 6 M. & W. 49; 151 E.R. 317, refd to. [para. 5].

Johnson v. City of Halifax and Dominix (1975), 12 N.S.R.(2d) 547, folld. [paras. 6 & 27].

Berends v. Registrar of Motor Vehicles, 19 N.S.R.(2d) 4, folld. [para. 33].

Melanson v. The Registrar of Motor Vehicles, 2 N.S.R. 1965-69 824, folld. [para. 33].

Beaumont v. Ruddy, [1932] 3 D.L.R. 75, folld. [para. 36].

Cochrane v. Reid and Brekka (1975), 12 N.S.R.(2d) 154, folld. [para. 37].

Statutes Noticed:

Motor Vehicle Act, R.S.N.S. 1967, c. 191, sect. 230(2) [para. 25], sect. 230(5)(b) [para. 31].

Counsel:

Ronald Jackson, for the appellant;

Robert M. Purdy, for the respondent.

This appeal was heard by MacKEIGAN, C.J.N.S., COOPER, MACDONALD, JJ.A., at Halifax, Nova Scotia, on March 20, 1978.

The judgment of the Nova Scotia Court of Appeal was delivered orally by MacKEIGAN, C.J.N.S., on March 20, 1978.