Singh v. Nicholls and Snelgrove Nu-Drive Ltd., (1984) 1 O.A.C. 318 (CA)

• Judge: Arnup, Blair and Weatherston, JJ.A.
• Court: Court of Appeal (Ontario)
• Case Date: January 17, 1984
• Jurisdiction: Ontario
• Citations: (1984), 1 O.A.C. 318 (CA)

Singh v. Nicholls (1984), 1 O.A.C. 318 (CA)

MLB headnote and full text

Singh v. Nicholls and Snelgrove Nu-Drive Ltd.

Indexed As: Singh v. Nicholls and Snelgrove Nu-Drive Ltd.

Ontario Court of Appeal

Arnup, Blair and Weatherston, JJ.A.

January 17, 1984.

Summary:

The plaintiff pedestrian brought an action in negligence for damages against the defendant driver after he was struck on a crosswalk by the defendant's vehicle. A jury found the driver negligent and 30 per cent at fault and the plaintiff pedestrian negligent and 70 per cent at fault, because he should not have been crossing the street unassisted. The plaintiff appealed the jury's finding of liability and its damage award.

The Ontario Court of Appeal allowed the appeal in part and set aside the finding that the plaintiff was negligent, because that ground of negligence was not pleaded and was not sustainable on the evidence. The court refused to disturb the damage award.

Practice - Topic 8806

Appeals - Duty of appeal court regarding damage award by jury - The Ontario Court of Appeal refused to disturb a damage award for personal injuries by a jury, because the court was unable to say that no reasonable jury acting judicially could have reached the award; although it was quite low in the circumstances - See paragraph 8.

Practice - Topic 8821

Appeals - Duty of appeal court regarding fact finding of liability by jury - A pedestrian was struck by a vehicle on a crosswalk - The jury found that the pedestrian was negligent and 70 per cent at fault, because he should not have been crossing the street unassisted - The Ontario Court of Appeal set aside the finding of the pedestrian's liability, because the jury's ground of negligence was not pleaded and was not sustainable on the evidence - See paragraphs 6 to 7.

Counsel:

Krishan K. Channan, for the plaintiff/appellant;

David Muttart, for the defendants/respondents.

This case was heard on December 14 and 15, 1983, at Toronto, Ontario, before Arnup, Blair and Weatherston, JJ.A., of the Ontario Supreme Court, Court of Appeal.

Arnup, J.A., orally delivered the judgment for the Ontario Court of Appeal, which was released on January 17, 1984.