Pettipas v. Roop, Mahar and Canada Accident and Fire Assurance Co., (1980) 39 N.S.R.(2d) 520 (TD)

• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: May 29, 1980
• Jurisdiction: Nova Scotia
• Citations: (1980), 39 N.S.R.(2d) 520 (TD)

Pettipas v. Roop (1980), 39 N.S.R.(2d) 520 (TD);

    71 A.P.R. 520

MLB headnote and full text

Pettipas v. Roop, Mahar and Canada Accident and Fire Assurance Co.

(S.H. No. 22601)

Indexed As: Pettipas v. Roop, Mahar and Canada Accident and Fire Assurance Co.

Nova Scotia Supreme Court

Trial Division

Cowan, C.J.T.D.

May 29, 1980.

Summary:

This headnote contains no summary.

Damages - Topic 1716

Deductions for payments or assistance by third parties - Voluntary payments from employer - An employee was injured in a motor vehicle accident and was unable to work from November 9, 1978 to February 1, 1979 - The employer paid the employee, ex gratia, his wages during the period the employee was absent from work - The defendant admitted liability for the accident but alleged that the employee was required to deduct the ex gratia payments from the employee's claim for loss of wages - The Nova Scotia Supreme Court, Trial Division, allowed the plaintiff's claim for loss of wages without deduction - The Trial Division stated that such an employee may recover from a wrongdoer for wages paid by an employer if the payments were made ex gratia or pursuant to contract (see paragraph 18).

Cases Noticed:

Boarelli v. Flannigan, [1973] 3 O.L.R. 69; 36 D.L.R.(3d) 4, refd to. [para. 10].

Goshen v. Larin (1974), 10 N.S.R.(2d) 66; 2 A.P.R. 66, refd to. [para. 12].

Abraham v. Piskorski and Rosinski (1975), 20 N.S.R.(2d) 114; 27 A.P.R. 114, refd to. [para. 12].

Parry v. Cleaver, [1970] A.C. 1, refd to. [para. 12].

Garrison v. Lively et al. (1978), 28 N.S.R.(2d) 557; 43 A.P.R. 557, refd to. [para. 14].

Guy v. Trizec Equities et al. (1976), 26 N.S.R.(2d) 1; 40 A.P.R. 1, refd to. [para. 14].

Orman v. Saville Sportswear Ltd., [1960] 3 All E.R. 105, refd to. [para. 16].

Sullivan v. Riverside Rentals Ltd. (1973), 6 N.S.R.(2d) 642, refd to. [para. 17].

Authors and Works Noticed:

American Restatement of the Law, Torts, Vol. 4, p. 616 [para. 12].

Counsel:

Donald G. Peverill, for the plaintiff;

Christopher Robinson, for the defendants.

This case was heard by COWAN, C.J.T.D., of the Trial Division of the Nova Scotia Supreme Court at Halifax, Nova Scotia, on May 29, 1980.

The judgment of COWAN, C.J.T.D., was delivered on May 29, 1980.