Manitoba Public Insurance Corp. v. Trott, Hec-Way Ltd. and Burton, (1981) 25 Man.R.(2d) 1 (CoCt)

CourtProvincial Court of Manitoba (Canada)
Case DateMay 29, 1981
JurisdictionManitoba
Citations(1981), 25 Man.R.(2d) 1 (CoCt)

MPIC v. Trott (1981), 25 Man.R.(2d) 1 (CoCt)

MLB headnote and full text

Manitoba Public Insurance Corporation v. Trott, Hec-Way Ltd. and Burton

Indexed As: Manitoba Public Insurance Corp. v. Trott, Hec-Way Ltd. and Burton

Manitoba County Court

L. Ferg, C.C.J.

May 29, 1981.

Summary:

An automobile accident occurred. Boyle and Trott, the drivers of the vehicles, had liability as between themselves determined in small claims court. Subsequently, Manitoba Public Insurance paid its insured, who owned the vehicle driven by Boyle, for damages and sought to exercise its subrogation rights against Trott. Trott argued that the matter was res judicata.

The Manitoba County Court held that the matter was not res judicata, made a finding that Trott was totally at fault, and thus allowed Manitoba Public Insurance's subrogation claim against Trott.

Estoppel - Topic 378

Estoppel - Res judicata as a bar to subsequent proceedings - Parties - An automobile accident occurred - Boyle and Trott, the drivers, had liability determined as between themselves only, in small claims court - Subsequently, Manitoba Public Insurance (M.P.I.), paid its insured, who owned the vehicle driven by Boyle, for damages and sought to exercise its subrogation rights against Trott - Trott argued that the matter was res judicata - The Manitoba County Court allowed M.P.I. to proceed - The court held that res judicata did not apply where the second action involved different parties from the previous action - See paragraphs 16 to 19.

Estoppel - Topic 385

Estoppel - Res judicata as a bar to subsequent proceedings - Subrogated claims - The Manitoba County Court held that a "Certificate of Decision" of a clerk of a County Court (small claims division), that has not been properly filed in accordance with s. 86(1) of the County Courts Act, is not a judgment - Thus the court held that an unfiled "Certificate of Decision" from a small claims proceedings did not estop the Manitoba Public Insurance Corporation from exercising its subrogation rights under s. 21(8) of the Manitoba Public Insurance Corporation Act - See paragraphs 7 to 11, 20.

Torts - Topic 427

Negligence - Vehicles - Rules of the road - Duty of overtaking driver - The plaintiff attempted to pass the defendant's slow moving vehicle where there was a solid white line - The defendant, without warning, turned left across the path of the plaintiff's vehicle and a collision occurred - The plaintiff claimed for damages to his vehicle - The defendant pleaded that the plaintiff was contributorily negligent - The Manitoba County Court rejected the defendant's argument and found the defendant 100% at fault - The court held that the failure to observe the solid line was not contributory negligence where it was not a cause of the accident - See paragraphs 29 to 32.

Torts - Topic 428

Negligence - Vehicles - Rules of the road - Overtaking - Duty of driver being overtaken - The plaintiff attempted to pass the defendant's slow moving vehicle where there was a solid white line - The defendant, without warning, turned left across the path of the plaintiff's vehicle and a collision occurred - The plaintiff claimed for damages to his vehicle - The Manitoba County Court allowed the claim and found the defendant was totally at fault - The court held that a driver making a left turn must signal his intentions even where the turn contemplated is across a solid white line - See paragraph 28.

Cases Noticed:

City of Brandon v. Manitoba Human Rights Commission (1980), 6 Man.R.(2d) 386, folld. [para. 18].

Smith Transport v. Shurtleff, [1948] O.W.N. 412 (C.A.), folld. [para. 28].

Charbonneau v. Duke, [1948] S.C.R. 82, folld. [para. 28].

Bartlett v. Tribe et al. (1960), 24 D.L.R.(2d) 75, folld. [para. 31].

Statutes Noticed:

Manitoba Public Insurance Corporation Act, S.M. 1970, c. 102; C.C.S.M., c. A-180, sect. 21; sect. 21(8) [para. 11].

County Courts Act, R.S.M. 1970, c. 260; C.C.S.M., c. C-260, sect. 86(1) [paras. 9, 10, 20]; Part II.

Queen's Bench Act, R.S.M. 1970, c. 280; C.C.S.M., c. C-280, sect. 63, rule 8 [para. 22].

Authors and Works Noticed:

Spencer-Bower and Turner, Res Judicata (2nd Ed.), page 1 [paras. 16, 17].

Counsel:

K. Yonda, for the plaintiff;

D. Fjeldsted, for the defendant.

This case was heard before L. Ferg, C.C.J., of the Manitoba County Court, who delivered the following judgment on May 29, 1981:

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3 practice notes
  • Formaniuk v. St. Denis, (1984) 32 Man.R.(2d) 35 (QB)
    • Canada
    • Manitoba Court of Queen's Bench of Manitoba (Canada)
    • November 20, 1984
    ...124 (C.A.), refd to. [para. 14]. Manitoba Public Insurance Corporation v. Trott, Hec-Way Limited and Burton, [1982] Man. D. 3711-01; 25 Man.R.(2d) 1, refd to. [para. Statutes Noticed: Highway Traffic Act, R.S.M. 1970, c. H-60; C.C.S.M., c. H-60, sect. 33(1)(a), sect. 33(1)(b), sect. 33(1)(c......
  • Manitoba Public Insurance Corp. v. Trumbla et al., 2011 MBQB 80
    • Canada
    • Manitoba Court of Queen's Bench of Manitoba (Canada)
    • April 11, 2011
    ...O.A.C. 24; 308 D.L.R.(4th) 80; 2009 ONCA 113, consd. [para. 47]. Manitoba Public Insurance Corp. v. Trott, Hec-Way Ltd. and Burton (1981), 25 Man.R.(2d) 1 (Co. Ct.), refd to. [para. Trevor M. Brown, for the plaintiff; Stuart J. Blake, for the defendants. This action was heard by Saull, J., ......
  • Manitoba Public Insurance Corp. v. Simms et al., 2012 MBQB 55
    • Canada
    • Manitoba Court of Queen's Bench of Manitoba (Canada)
    • February 29, 2012
    ...were not, Ratz' turn was made in an unsafe manner. Cases Noticed: Manitoba Public Insurance Corp. v. Trott, Hec-Way Ltd. and Burton (1981), 25 Man.R.(2d) 1 (Co. Ct.), refd to. [para. Steve M. Scarfone, for the plaintiff and third party; Stephanie L. Hermiston, for the defendant. This action......
3 cases
  • Formaniuk v. St. Denis, (1984) 32 Man.R.(2d) 35 (QB)
    • Canada
    • Manitoba Court of Queen's Bench of Manitoba (Canada)
    • November 20, 1984
    ...124 (C.A.), refd to. [para. 14]. Manitoba Public Insurance Corporation v. Trott, Hec-Way Limited and Burton, [1982] Man. D. 3711-01; 25 Man.R.(2d) 1, refd to. [para. Statutes Noticed: Highway Traffic Act, R.S.M. 1970, c. H-60; C.C.S.M., c. H-60, sect. 33(1)(a), sect. 33(1)(b), sect. 33(1)(c......
  • Manitoba Public Insurance Corp. v. Trumbla et al., 2011 MBQB 80
    • Canada
    • Manitoba Court of Queen's Bench of Manitoba (Canada)
    • April 11, 2011
    ...O.A.C. 24; 308 D.L.R.(4th) 80; 2009 ONCA 113, consd. [para. 47]. Manitoba Public Insurance Corp. v. Trott, Hec-Way Ltd. and Burton (1981), 25 Man.R.(2d) 1 (Co. Ct.), refd to. [para. Trevor M. Brown, for the plaintiff; Stuart J. Blake, for the defendants. This action was heard by Saull, J., ......
  • Manitoba Public Insurance Corp. v. Simms et al., 2012 MBQB 55
    • Canada
    • Manitoba Court of Queen's Bench of Manitoba (Canada)
    • February 29, 2012
    ...were not, Ratz' turn was made in an unsafe manner. Cases Noticed: Manitoba Public Insurance Corp. v. Trott, Hec-Way Ltd. and Burton (1981), 25 Man.R.(2d) 1 (Co. Ct.), refd to. [para. Steve M. Scarfone, for the plaintiff and third party; Stephanie L. Hermiston, for the defendant. This action......

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