Monaghan v. Citadel Properties Ltd., (1972) 9 N.S.R.(2d) 561 (TD)

• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: December 01, 1972
• Jurisdiction: Nova Scotia
• Citations: (1972), 9 N.S.R.(2d) 561 (TD)

Monaghan v. Citadel Prop. Ltd. (1972), 9 N.S.R.(2d) 561 (TD)

MLB headnote and full text

Monaghan v. Citadel Properties Ltd.

Indexed As: Monaghan v. Citadel Properties Ltd.

Nova Scotia Supreme Court

Trial Division

Cowan, C.J.T.D.

December 1, 1972.

Summary:

This case arose out of a claim for damages for personal injuries arising out of an accident in the defendant hotel owner's parking lot. The plaintiff was a paying guest at the hotel and while walking to his car the plaintiff slipped on ice and fell and broke his leg. The surface of the parking lot was covered with snow and ice. The hotel employed a maintenance man who put salt on icy patches in the parking lot on a regular basis. The hotel used 5,000 to 6,000 pounds of salt during a normal winter season.

The Trial Division held that the defendant hotel owner was liable to the plaintiff for damages. The Trial Division stated that the hotel owed a duty to a paying guest to use reasonable care and skill to make the premises safe. The trial judge stated that he was not satisfied that the defendant exercised the standard of care required - see paragraph 9.

Damage Awards - Topic 129

Leg injuries - Fracture of fibula and tibia - 44 year old male consulting engineer - Good recovery - The Nova Scotia Supreme Court, Trial Division, awarded the plaintiff $6,000.00 general damages for personal injuries.

Damages - Topic 1731

Loss of wages - Deductions from a claim for loss of wages for payments made by the claimant's employer - The employee agreed to repay the employer out of compensation recovered from the defendant - The Nova Scotia Supreme Court, Trial Division, held that the amounts paid by the employer during the employee's period of disability must be deducted from the employee's claim for loss of wages because the amounts were paid by the employer pursuant to an existing contract of employment - See paragraph 11.

Torts - Topic 3660

Occupiers' liability for dangerous premises - Use of premises pursuant to contract - Standard of care of hotel owner - The plaintiff was a paying guest at a hotel and slipped on ice in the parking lot and fell and broke a leg - The Nova Scotia Supreme Court, Trial Division, held the defendant hotel owner liable to the plaintiff for failure to use reasonable care and skill to make the premises safe - See paragraph 8.

Cases Noticed:

Indermaur v. Dames (1886), L.R. 1 C.P. 274; 2 C.P. 311, folld. [para. 7].

Beaudry v. Fort Cumberland Hotel Ltd. (1971), 3 N.S.R.(2d) 1, folld. [para. 8].

Woodworth v. Farmer (1963), 39 D.L.R.(2d) 179, folld. [para. 11].

Orman v. Saville Sportswear Ltd., [1960] 3 All E.R. 105, folld. [para. 11].

Counsel:

D.R. Chipman, Q.C., for the plaintiff;

David Ritcey, for the defendant.

This case was heard by COWAN, C.J.T.D., at Halifax, Nova Scotia on December 1, 1972. Judgment was delivered on December 1, 1972.