Smith v. McMullin Estate and Alberta Public Trustee, (1976) 1 A.R. 263 (TD)

• Judge: Kirby, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: October 12, 1976
• Citations: (1976), 1 A.R. 263 (TD)

Smith v. McMullin Estate (1976), 1 A.R. 263 (TD)

MLB headnote and full text

Smith v. McMullin Estate and Alberta Public Trustee

Indexed As: Smith v. McMullin Estate and Alberta Public Trustee

Alberta Supreme Court

Trial Division

Judicial District of Calgary

Kirby, J.

October 12, 1976.

Summary:

This headnote contains no summary.

Damage Awards - Topic 59

Body injuries - Hip - Pelvis and pubic bones - Dislocation of hip resulting in a limitation of movement - Adult male - Permanent partial disability - The Alberta Supreme Court, Trial Division, awarded the plaintiff $6,500.00 general damages for personal injuries.

Practice - Topic 7231

Costs - Party and party costs - Payment in court - Entitlement by a successful party to party and party costs where defendant paid money into court - The trial judge of the Alberta Supreme Court, Trial Division, exercised his discretion in favour of a successful plaintiff where the judgment recovered was $8,034.00 and the amount paid into court by the defendant was $8,500.00.

Statutes Noticed:

Rules of Court (Alta.), rule 169.

Counsel:

L.W. Yuzda, for the plaintiff;

C.S. Brooker, for the defendant.

The judgment of the Alberta Supreme Court, Trial Division was delivered by KIRBY, J., on October 12, 1976.