Rose Estate v. Belanger, (1983) 25 Man.R.(2d) 277 (QB)

• Judge: Wright, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: December 13, 1983
• Jurisdiction: Manitoba
• Citations: (1983), 25 Man.R.(2d) 277 (QB)

Rose Estate v. Belanger (1983), 25 Man.R.(2d) 277 (QB)

MLB headnote and full text

Rose Estate v. Belanger

(Suit No. 236/81)

Indexed As: Rose Estate v. Belanger

Manitoba Court of Queen's Bench

Wright, J.

December 13, 1983.

Summary:

A woman, who was driving an automobile, was killed when her car was struck by the defendant's vehicle. Her husband and son claimed that the defendant was negligent and sued for damages under the Fatal Accidents Act.

The Manitoba Court of Queen's Bench found that the defendant was 80% at fault and assessed damages accordingly.

Damage Awards - Topic 83

Fatal accidents - Mother - A 23 year old mother of a four year old son was killed in an automobile accident - The Manitoba Court of Queen's Bench assessed the boy $25,000.00 general damages for pecuniary and non-pecuniary loss - See paragraphs 57 and 59.

Damage Awards - Topic 85

Fatal accidents - Wife - A 23 year old wife who earned $12,000.00 per annum was killed in an automobile accident - The Manitoba Court of Queen's Bench assessed her 25 year old husband $77,000.00 general damages for pecuniary and non-pecuniary loss - See paragraphs 57 and 89.

Damage Awards - Topic 97

Fatal accidents - Guidance, care and companionship - A wife, who had a four year old son, was killed in an automobile accident - The husband and son claimed, inter alia, damages for the loss of guidance, care and companionship under the Fatal Accidents Act - The Manitoba Court of Queen's Bench assessed $20,000.00 for the father and $10,000.00 for the son for general damages for loss of guidance, care and companionship - See paragraphs 75 to 89.

Damages - Topic 2110

Torts causing death - Method of assessment of value of the dependency (lump sum) - General - The Manitoba Court of Queen's Bench discussed the method it used to calculate a damage award under the Fatal Accidents Act - See paragraphs 31 to 89.

Damages - Topic 2117

Torts causing death - Method of assessment of value of the dependency (lump sum) - Contingencies - The Manitoba Court of Queen's Bench discussed the contingencies it considered relevant in the calculation of an award under the Fatal Accidents Act - See paragraphs 31 to 59.

Damages - Topic 2194

Torts causing death - Considerations which decrease award - Insurance benefits - The Manitoba Court of Queen's Bench stated that an award under the Fatal Accidents Act is to be reduced by the total amount of benefits and insurance monies paid to the claimant by the Manitoba Public Insurance Corporation as a result of the accident - See paragraph 91.

Damages - Topic 2378

Torts causing death - Particular damage claims - Loss of guidance, care and companionship - The Manitoba Court of Queen's Bench discussed generally the calculation of damages for the loss of guidance, care and companionship under the Fatal Accidents Act - The court stated that such claims no longer required proof of economic or pecuniary loss - The court also stated that the rule that the maximum award for non-pecuniary damages should be $100,000.00 except in rare cases would apply to such awards - See paragraphs 60 to 89.

Torts - Topic 390

Negligence - Motor vehicle - Standard of care of driver - Driving when ability to drive impaired - The Manitoba Court of Queen's Bench held that a driver, who was intoxicated, and driving approximately 50 miles per hour in a 30 mile per hour zone, was negligent when he collided with a vehicle that was turning onto the highway at an intersection - See paragraphs 1 to 27.

Torts - Topic 399.2

Negligence - Motor vehicle - Standard of care of driver - Defensive driving - The Manitoba Court of Queen's Bench stated that a person operating a vehicle on a highway has a responsibility to watch for drivers who may not be obeying the rules of the road, and where feasible, to take defensive or evasive action - See paragraph 25.

Torts - Topic 451

Negligence - Motor vehicle - Speed - Excessive speed - The Manitoba Court of Queen's Bench held that a driver, who was intoxicated, and driving approximately 50 miles per hour in a 30 mile per hour zone, was negligent when he collided with a vehicle that was turning onto the highway at an intersection - See paragraphs 1 to 27.

Cases Noticed:

Emerson v. Stunick (1981), 14 Man.R.(2d) 297, refd to. [para. 22].

Theriault v. Huctwith, [1948] 3 D.L.R. 542, consd. [para. 27].

Rattray v. Kachulak (1957), 21 W.W.R.(N.S.) 107, consd. [para. 27].

MacDonald v. Alderson (1981), 8 Man.R.(2d) 202, revd. in part 15 Man.R.(2d) 35, consd. [para. 27].

Keizer v. Hanna, [1978] 2 S.C.R. 342; 19 N.R. 209; 82 D.L.R.(3d) 449, refd to. [para. 46].

Lewis v. Todd, [1980] 2 S.C.R. 694; 34 N.R. 1; 115 D.L.R.(3d) 257, reving. 5 C.C.L.T. 167, refd to. [para. 46].

Sonsie v. McIntyre et al. (1981), 6 Man.R.(2d) 277, folld. [paras. 50, 62].

St. Lawrence & Ottawa Railway Company v. Lett (1885), 11 S.C.R. 422, not folld. [para. 62].

Vana v. Tosta, [1968] S.C.R. 71, not folld. [para. 62].

Clement v. Leslie's Storage Ltd., [1979] 2 W.W.R. 577, not folld. [para. 64].

Farley and Farley Estate v. Buchanan (1982), 17 Man.R.(2d) 426, refd to. [para. 68].

Thornborrow v. MacKinnon (1981), 32 O.R.(2d) 740, appld. [para. 68].

Mason v. Peters (1982), 39 O.R.(2d) 27, appld. [para. 68].

Andrews v. Grand and Toy Alberta Ltd., [1978] 2 S.C.R. 229; 19 N.R. 50; 8 A.R. 182; [1978] 1 W.W.R. 557; 83 D.L.R.(3d) 452; 3 C.C.L.T. 225, appld. [para. 80].

Teno v. Arnold, [1978] 2 S.C.R. 287; 19 N.R. 1; 83 D.L.R.(3d) 609; 3 C.C.L.T. 372, appld. [para. 80].

Thornton v. Board of School Trustees of School District No. 57 (Prince George), [1978] 2 S.C.R. 267; 19 N.R. 552; [1978] 1 W.W.R. 607; 83 D.L.R.(3d) 480, appld. [para. 80].

Lindal v. Lindal, [1981] 2 S.C.R. 629; 39 N.R. 361, appld. [para. 80].

Statutes Noticed:

Family Law Reform Act, S.O. 1978, c. 2, sect. 60 [para. 68].

Fatal Accidents Act, R.S.M. 1970, c. F-50; C.C.S.M., c. F-50, generally [para. 29]; sect. 4(4) [para. 60].

Trustees Act, R.S.M. 1970, c. T-160; C.C.S.M., c. T-160, generally [para. 29].

Authors and Works Noticed:

McLachlin, Beverly M., What Price Disability? A Perspective on the Law of Damages for Personal Injury (1981), 59 Can. Bar Rev. 1, pp. 11, 12 [para. 83].

Counsel:

R.K. Vohora and R.D. Harper, for the plaintiff;

Ken Yonda and D. Strange, for the defendant.

This case was heard before Wright, J., of the Manitoba Court of Queen's Bench, who delivered the following judgment on December 13, 1983: