Tronrud v. French et al., (1989) 56 Man.R.(2d) 284 (QB)

• Judge: Morse, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: February 09, 1989
• Jurisdiction: Manitoba
• Citations: (1989), 56 Man.R.(2d) 284 (QB)

Tronrud v. French (1989), 56 Man.R.(2d) 284 (QB)

MLB headnote and full text

Andrew Tronrud (plaintiff) v. Bernard French, Karl Taulien and the Government of Manitoba (defendants)

(Suit No. 86-01-15173)

Indexed As: Tronrud v. French et al.

Manitoba Court of Queen's Bench

Winnipeg Centre

Morse, J.

February 9, 1989.

Summary:

The plaintiff snowmobile driver was rendered a quadriplegic when his snowmobile came into contact with snowbanks on either side of a road which had been plowed on a lake. The plaintiff sued the defendants for damages for personal injuries.

The Manitoba Court of Queen's Bench dismissed the plaintiff's action, on the ground that he was the author of his own misfortune. The court, however, provisionally assessed damages. The parties agreed on a provisional award of $190,000.00 for nonpecuniary general damages.

Damages - Topic 1527

General damages - Elements of - Loss of opportunity - Opportunity to invest - The plaintiff was rendered a quadriplegic in an accident - The Manitoba Court of Queen's Bench provisionally assessed damages - The Judgment Interest and Discount Act barred a specific award of interest on nonpecuniary general damages, but allowed "appropriate compensation for loss of opportunity to invest that part of the principle sum between the date of the loss and the date of judgment" - The court held that it would have awarded an arbitrary sum of $7,500.00 for loss of the opportunity to invest - See paragraphs 93 to 96.

Damages - Topic 1548

General damages for personal injury - Management of fund fee (investment counselling) - The plaintiff was rendered a quadriplegic in an accident - The Manitoba Court of Queen's Bench provisionally assessed damages - The court stated that the amount of money which would have been required to be invested was beyond the ability of the plaintiff to manage - The court stated that it would have allowed an annual fee of .35 of 1% based on a fixed income portfolio - See paragraph 92.

Damages - Topic 1565

General damages for personal injury - Deductions or payments to be considered - Future income tax - The plaintiff was rendered a quadriplegic in an accident - The Manitoba Court of Queen's Bench provisionally assessed damages - The court held that it would have allowed 15% of a gross-up for estimated tax payable on the income accruing from the invested award for future care - See paragraphs 83 to 85.

Damages - Topic 1567

General damages for personal injury - Future care and treatment - The Manitoba Court of Queen's Bench discussed the awarding of damages for the cost of future care - The court stated that the concept of "reasonableness" was central to the assessment of damages for pecuniary loss - See paragraphs 48 to 51.

Damages - Topic 1567

General damages for personal injury - Future care and treatment - The plaintiff was rendered a quadriplegic - The Manitoba Court of Queen's Bench provisionally assessed damages - Under the heading of damages for future care, the court stated that the plaintiff would have recovered as pecuniary damages whatever was reasonably necessary for his proper care and accommodation in a home - Those expenses associated with use of the plaintiff's cabin would, however, not be recoverable - Expenses, the purpose of which was to try to enable the plaintiff to do things he did before the accident such as hunting and fishing, would not be recoverable; neither would expenses for items necessary if the plaintiff were to drive a motor vehicle - The court would have allowed recovery for the costs of a trained orderly for 10 hours a day and his food - The court would have allowed recovery of the cost of a homemaker for four hours per day once a week - Finally the court detailed the costs of future care that would have been recoverable - See paragraphs 46 to 69, 80.

Torts - Topic 678

Negligence - Snow vehicles - Lookout - The province provided a snowmobile trail on a frozen lake - The plaintiff snowmobiler, while participating in a snowmobile derby, left the trail and took a shortcut - The province was aware of and impliedly consented to the use of the shortcut by snowmobilers - The plaintiff was catapulted from his vehicle and rendered a quadriplegic when he struck a ridge or gradual snowbank which resulted when a road had been plowed out over the lake, crossing the snowmobile trail - The plaintiff (and his companions) knew of the existence of the road, but was speeding, not keeping a proper lookout and affected to some degree by alcohol - The Manitoba Court of Queen's Bench held that the province owed a duty to snowmobilers to take reasonable care that they would be reasonably safe - The court held that the snowbanks did not constitute a hazard or danger and the failure to mark a parking area on the lake did not breach the duty of care - The court held that the plaintiff was the author of his own misfortune - See paragraphs 31 to 38.

Torts - Topic 679

Negligence - Snow vehicles - Speed - [See Torts - Topic 678 above].

Torts - Topic 3712.3

Occupiers' liability for dangerous premises - Invitees - Liability of particular occupiers - Crown - Snowmobile trails - [See Torts - Topic 678 above].

Cases Noticed:

Fuerst v. St. Adolphe Co-op Parc Inc. et al. (1989), 56 Man.R.(2d) 184, refd to. [para. 47].

Andrews v. Grand & Toy (Alberta) Ltd., [1978] 2 S.C.R. 229; 19 N.R. 50; 8 A.R. 182; [1978] 1 W.W.R. 557; 3 C.C.L.T. 225; 83 D.L.R.(3d) 452, refd to. [para. 48].

Lawrence's Estate et al. v. Good (1985), 33 Man.R.(2d) 312, appld. [para. 85].

Watkins v. Olafson et al. (1986), 40 Man.R.(2d) 81, refd to. [para. 85].

Statutes Noticed:

Occupiers' Liability Act, R.S.M. 1987, c. O-5; C.C.S.M., c. O-5, generally [para. 31].

Judgment Interest and Discount Act, S.M. 1986-87, c. 39; C.C.S.M., c. J-8, generally [paras. 82, 93]; sect. 3 [para. 97].

Authors and Works Noticed:

Cooper-Stephenson and Saunders, Personal Injury Damages in Canada (1981), pp. 303-304 [para. 49]; 306 [para. 50].

Counsel:

D.M. Troniak and E. Tawkin, for the plaintiff;

J. McKelvey and J. Dennis, for the defendants.

This action was heard before Morse, J., of the Manitoba Court of Queen's Bench, Winnipeg Centre, whose decision was delivered on February 9, 1989.