Simms v. Butt, (1975) 8 Nfld. & P.E.I.R. 14 (NFCA)

• Judge: Furlong, C.J.N., Mifflin and Noel, JJ.
• Court: Court of Appeal (Newfoundland)
• Case Date: March 06, 1974
• Jurisdiction: Newfoundland and Labrador
• Citations: (1975), 8 Nfld. & P.E.I.R. 14 (NFCA)

Simms v. Butt (1975), 8 Nfld. & P.E.I.R. 14 (NFCA);

    8 A.P.R. 14

MLB headnote and full text

Simms v. Butt

Indexed As: Simms v. Butt

Newfoundland Court of Appeal

Furlong, C.J.N., Mifflin and Noel, JJ.

June 19, 1975.

Summary:

This headnote contains no summary.

Damages - Topic 536

Limits of compensatory damages - Remoteness - Torts - Non-recoverable damages - Indirect consequences of fault - The plaintiff was injured in a motor vehicle accident and was unable to return to work for four months - When the plaintiff returned to work his old job was taken and he was forced to accept a job at a lower pay scale - The Newfoundland Court of Appeal dismissed the plaintiff's claim for damages for loss of wages resulting from the lower pay scale - The Court of Appeal stated that the plaintiff's reduced wages were not a direct result of the defendant's conduct.

Cases Noticed:

Malcolm and another v. Broadhurst, [1970] 3 All E.R. 508, refd to. [para. 14].

Counsel:

Michael Monaghan, for the appellant;

Alan F. Caule, Q.C., for the respondent.

This appeal was heard by the Newfoundland Court of Appeal on March 6, 1974. Judgment was delivered by the Newfoundland Court of Appeal on June 19, 1975 and the following opinions were filed:

FURLONG, C.J.N., - see paragraphs 1 to 8,

MIFFLIN, J., - see paragraphs 9 to 15,

NOEL, J., - see paragraphs 16 to 19.