Pigeau v. Crowell, P.C.J., (1991) 101 N.S.R.(2d) 231 (TD)

• Judge: Grant, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: December 07, 1990
• Jurisdiction: Nova Scotia
• Citations: (1991), 101 N.S.R.(2d) 231 (TD)

Pigeau v. Crowell, P.C.J. (1991), 101 N.S.R.(2d) 231 (TD);

    275 A.P.R. 231

MLB headnote and full text

Bertha Delight Pigeau (plaintiff) v. Kenneth Pineo (defendant)

(S.K. No. 2348)

Indexed As: Pigeau v. Crowell, P.C.J.

Nova Scotia Supreme Court

Trial Division

Grant, J.

February 1, 1991.

Summary:

A husband allegedly assaulted his wife. The wife gave a statement and the husband was charged with assault. The wife did not wish to testify and failed to appear at trial pursuant to a summons. The Crown requested a warrant for her arrest and it was issued by the defendant Provincial Court judge. The wife was later arrested and remanded into custody by the defendant justice of the peace. The wife brought an action for damages against the defendants for unlawful confinement.

The Nova Scotia Supreme Court, Trial Division, in a judgment reported 91 N.S.R.(2d) 318; 233 A.P.R. 318, dismissed the action against both defendants. The wife appealed.

The Nova Scotia Supreme Court, Appeal Division, in a judgment reported 96 N.S.R.(2d) 412; 253 A.P.R. 412, dismissed the appeal as against the Provincial Court judge, but allowed the appeal as against the justice of the peace. The court remitted the matter to the Trial Division for assessment of damages.

The Nova Scotia Supreme Court, Trial Division, awarded the wife $38,500 general damages for nonpecuniary loss.

Damage Awards - Topic 630

Torts - Injury to the person - False or unlawful imprisonment - A battered wife refused to testify against her husband - She was arrested and remanded into custody for six days by the defendant justice of the peace - The justice was reluctant to do so, but the Crown and R.C.M.P. strongly requested she be incarcerated - The justice lacked jurisdiction to do so - The wife suffered humiliation, indignity, loss of liberty, injured feelings and aggravation of her depression - She was handcuffed, strip searched, left alone for five days and cried frequently - The Nova Scotia Supreme Court, Trial Division, awarded her $38,500 general damages for nonpecuniary loss - The court declined to award aggravated or exemplary damages.

Damages - Topic 906

Aggravation - Aggravated damages v. exemplary damages - The Nova Scotia Supreme Court, Trial Division, distinguished between aggravated and exemplary damages - Aggravated damages were to compensate the plaintiff for injured feelings - Exemplary damages were not compensatory, but to punish or deter the defendant - See paragraph 37.

Cases Noticed:

Dalsin et al. v. T. Eaton Co. Canada Ltd. (1976), 63 D.L.R.(3d) 565, refd to. [para. 40].

Banks v. Campbell (1976), 14 N.S.R.(2d) 73; 11 A.P.R. 73 (T.D.), refd to. [para. 42].

MacDonald v. Hees (1977), 18 N.S.R.(2d) 451; 20 A.P.R. 451 (T.D.), refd to. [para. 43].

Chartier v. Attorney General of Québec (1980), 27 N.R. 1; 104 D.L.R.(3d) 321 (S.C.C.), refd to. [para. 61].

Smart v. Sears Canada Inc. (1986), 64 Nfld. & P.E.I.R. 187; 197 A.P.R. 187; 36 D.L.R.(4th) 756 (Nfld. C.A.), refd to. [para. 63].

Campbell v. Lobreght, Hudyma and Ryckman, [1986] 2 W.W.R. 444; 66 A.R. 222 (C.A.), refd to. [para. 63].

Carpenter v. MacDonald (1979), 91 D.L.R.(3d) 723, refd to. [para. 63].

Crowe v. Noon (1970), 16 D.L.R.(3d) 22, refd to. [para. 63].

Lang v. Burch and Carlson (1983), 18 Sask.R. 99; 140 D.L.R.(3d) 325 (C.A.), refd to. [para. 63].

Whitehouse v. Reimer (1980), 21 A.R. 541; 107 D.L.R.(3d) 283 (C.A.), refd to. [para. 63].

Eagle Motors Ltd. v. Makaoff (1971), 17 D.L.R.(3d) 222, refd to. [para. 63].

Otto v. Wallace (J. Grant) Ltd. and Meyers, [1988] 2 W.W.R. 728; 84 A.R. 391 (Q.B.), refd to. [para. 63].

Costain v. Rhyorchuk (1987), 58 Sask.R. 81, refd to. [para. 63].

Kavanaugh and Carroll v. Canadian Tire Corp. Ltd. (1989), 74 Nfld. & P.E.I.R. 205; 231 A.P.R. 205, refd to. [para. 63].

Misiner v. Trabert (1983), 51 N.S.R.(2d) 633; 102 A.P.R. 633, refd to. [para. 63].

Campbell v. Kresge (1977), 21 N.S.R.(2d) 236; 28 A.P.R. 236, refd to. [para. 63].

Authors and Works Noticed:

Clerk and Lindsell on Torts (15th Ed.), para. 5-36 [para. 45].

Cooper-Stephenson and Saunders, Personal Injury Damages in Canada, pp. 56-57 [para. 37]; 58, 59 [para. 38]; 60 [para. 49].

Waddams, The Law of Damages, pp. 562, 563 [para. 39].

Counsel:

Walter O. Newton, Q.C., and John Bishop (a/c), for the plaintiff;

Reinhold M. Endres and Stephanie Ann Cleary, for the defendant.

This action was heard on November 27, 28 and December 7, 1990, at Kentville, Nova Scotia, before Grant, J., of the Nova Scotia Supreme Court, Trial Division, who delivered the following judgment on February 1, 1991.