Municipal Spraying & Contracting Ltd. v. Harris (J.) & Sons Ltd., City National Leasing Ltd., U.S.L. Canada Ltd. and Neault, (1979) 35 N.S.R.(2d) 237 (TD)

• Judge: Hallett, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: February 12, 1979
• Jurisdiction: Nova Scotia
• Citations: (1979), 35 N.S.R.(2d) 237 (TD)

Mun. Spraying v. Harris & Sons (1979), 35 N.S.R.(2d) 237 (TD);

    62 A.P.R. 237

MLB headnote and full text

Municipal Spraying & Contracting Limited v. J. Harris & Sons Limited, City National Leasing Limited, U.S.L. Canada Limited and Neault

(S.H. No. 18139)

Indexed As: Municipal Spraying & Contracting Ltd. v. Harris (J.) & Sons Ltd., City National Leasing Ltd., U.S.L. Canada Ltd. and Neault

Nova Scotia Supreme Court

Trial Division

Hallett, J.

May 11, 1979.

Summary:

This case arose out of the plaintiff's claim in negligence against the defendants for damages arising out of a collision between the plaintiff's helicopter and the defendant's truck. The plaintiff had a helicopter pad in its industrial yard. The defendant leased premises in the yard for its steel distribution business. The plaintiff's pilot landed the helicopter on the pad and shut it down. The rotor was still turning slowly and plainly visible, when the defendant's truck driver drove by it. A 20 foot boom on the truck was angled off to the side and struck the turning rotor, which the truck driver did not see. The plaintiff bought an action against the defendant in negligence for damages.

The Nova Scotia Supreme Court, Trial Division, allowed the plaintiff's action and held that the truck driver was wholly at fault.

Damages - Topic 201

Entitlement - Requirement of loss - The plaintiff claimed general damages for the loss of use of a helicopter - The plaintiff admitted that it lost no revenue and failed to prove any other damage - The Nova Scotia Supreme Court, Trial Division, refused to award general damages for loss of use, because the plaintiff failed to prove general damages - See paragraphs 13 to 16.

Damages - Topic 1836

Torts affecting goods - Damage to goods - Measure of damages - The defendant negligently damaged the rotor of the plaintiff's helicopter with his truck, which cost $38,954.98 to repair - The Nova Scotia Supreme Court, Trial Division, held that the defendant was liable for the whole of the cost of repair, notwithstanding that it could not be anticipated that the slight collision would cause so much damage - See paragraph 11.

Interest - Topic 5136

Interest as damages - Torts - Negligence - General - The defendant negligently damaged the rotor of the plaintiff's helicopter with his truck - The expensive repairs increased the plaintiff's debt at its bank - The Nova Scotia Supreme Court, Trial Division, held that the plaintiff was entitled to damages for the interest paid to its bank at the rate charged by its bank - The Trial Division awarded interest as damages from the time when the defendant received the plaintiff's originating notice, because the plaintiff proved no earlier demand - See paragraphs 17 to 28.

Interest - Topic 5145

Interest as damages - Torts - Negligence - Rate of interest applicable - The plaintiff was forced to borrow money from its bank to effect repairs to the helicopter negligently damaged by the defendant - The Nova Scotia Supreme Court, Trial Division, awarded interest as damages to the plaintiff on the cost of repairs at the rate of interest charged by its bank - See paragraphs 17 to 27.

Interest - Topic 5300

Interest as damages - Interest on payment of money or debt withheld - General - The Nova Scotia Supreme Court, Trial Division, held that in Nova Scotia there can be no award of interest simply because payment had been improperly withheld - See paragraph 25.

Cases Noticed:

Bonham-Carter v. Hyde Park Hotel (1948), 64 T.L.R. 177, appld. [para. 15].

Leslie R. Fairn & Associates v. Colchester Developments Limited (1975), 11 N.S.R.(2d) 389; 5 A.P.R. 389, appld. [para. 17].

Webb Real Estate Limited v. Mclnnis, Meeham & Tramble et al. (1977), 20 N.S.R.(2d) 6; 27 A.P.R. 6, appld. [para. 17].

Atlantic Salvage Limited v. City of Halifax (1978), 30 N.S.R.(2d) 512; 49 A.P.R. 512, appld. [para. 17].

Scott Maritime Pulp Limited v. B.F. Goodrich Canada Limited and Day & Ross Limited (1977), 19 N.S.R.(2d) 181; 24 A.P.R. 181, appld. [para. 26].

Prince Albert Pulp Company Limited et al. v. The Foundation Company of Canada Limited (1974), 3 N.R. 581; [1977] 1 S.C.R. 200, appld. [para. 27].

Statutes Noticed:

Interest Act, R.S.N.S. 1851 (First Series), c. 82, sect. 4, sect. 5 [para. 26].

Authors and Works Noticed:

Charlesworth on Negligence (6th Ed.), para. 330 [para. 11].

McGregor on Damages (13th Ed.), p. 935 [para. 15].

Counsel:

R.N. Pugsley, Q.C., and C.G. McCormick, for the plaintiff;

D.A. Caldwell, for the defendants, J. Harris & Sons Limited, City National Leasing Limited and Ovila Neault.

This case was heard on February 12, 1979, at Halifax, Nova Scotia, before HALLETT, J., of the Nova Scotia Supreme Court, Trial Division, who delivered the following judgment on May 11, 1979: