Morin and Morin v. Côté and Ouellette, (1975) 13 N.B.R.(2d) 185 (QB)

• Judge: Stratton, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: September 22, 1975
• Jurisdiction: New Brunswick
• Citations: (1975), 13 N.B.R.(2d) 185 (QB)

Morin v. Côté (1975), 13 N.B.R.(2d) 185 (QB);

    13 R.N.-B.(2e) 185; 13 A.P.R. 185

MLB headnote and full text

Sommaire et texte intégral

Morin and Morin v. Côté and Ouellette

Indexed As: Morin and Morin v. Côté and Ouellette

Répertorié: Morin and Morin v. Côté and Ouellette

New Brunswick Court of Queen's Bench

Stratton, J.

October 14, 1975.

Summary:

Résumé:

This case arose out of a claim for damages for death arising out of a motor vehicle accident. A mother and father were killed in a head-on collision with a vehicle driven by the defendant Cote and owned by the defendant Ouellette. The administrators of the estates of the mother and father brought an action in negligence against the defendants for damages. The estate of the defendant driver admitted liability and the defendant owner denied liability for the driver's negligence.

The New Brunswick Court of Queen's Bench dismissed the action against the defendant owner, because the defendant driver was driving the vehicle without the owner's consent. The Brunswick Court of Queen's Bench awarded $35,000.00 for the death of the father and $10,000.00 for the death of the mother as general damages for the benefit of 5 children.

Damage Awards - Topic 88

Fatal accidents - Father, aged 54, and mother, aged 56 - Father operated service station and garage business and earned average of $5,850.00 per year - Mother was a housewife - New Brunswick Court of Queen's Bench awarded $35,000.00 for the death of the father and $10,000.00 for the death of the mother as general damages for the benefit of 5 children, aged 18, 16, 14, 12 and 10 - See paragraphs 5 to 10.

Torts - Topic 309

Negligence - Motor vehicle - Liability of owner - Statutory liability of owner for negligence of driver of owner's vehicle - Driver of vehicle lived on the property of the owner and was the owner's brother-in-law - Driver had never borrowed or driven the vehicle before and took it without the owner's consent - Owner had removed battery and was not operating vehicle - New Brunswick Court of Queen's Bench held that the owner was not liable for the driver's negligence under s. 267(2) of the Motor Vehicle Act, R.S.N.B. 1973, c. M-17 - See paragraph 4.

Cases Noticed:

Gehrman et al. v. Lavoie (1975), 6 N.R. 570, folld. [para. 8].

Allain v. Dunn (1965), 45 M.P.R. 89, appld. [para. 8].

Haley v. Richardson et al. (1975), 10 N.B.R.(2d) 653, appld. [para. 8].

Babineau et al. v. MacDonald (1975), 10 N.B.R.(2d) 715, appld. [para. 8].

McQuade v. O'Donnell (1971), 3 N.B.R.(2d) 733, appld. [para. 8].

Statutes Noticed:

Motor Vehicle Act, R.S.N.B. 1973, c. M-17, sect. 267(2) [para. 4].

Counsel:

T.E. Duffie, Q.C., for the plaintiffs;

Robert C. Rice, Q.C., for the defendant Cote;

Richard Lawrence, for the defendant Ouellette.

This case was heard on August 15 and September 22, 1975, before Stratton, J., of the New Brunswick Supreme Court, Queen's Bench Division. On October 14, 1975, Stratton, J., delivered the following judgment.