Walker (Malcolm E.) & Sons Ltd. v. Co-operative Fire & Casualty Co., [1966] N.B. Law News No. 29 (CA)

• Judge: Bridges, C.J.N.B., Ritchie and West, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: June 10, 1966
• Jurisdiction: New Brunswick
• Citations: [1966] N.B. Law News No. 29 (CA)

Walker & Sons v. Co-op Fire, [1966] N.B. Law News No. 29 (CA)

MLB Law News

Malcolm E. Walker & Sons Ltd. (plaintiff) (appellant) v. Co-Operative Fire & Casualty Company (defendant) (respondent)

(Archives RS43/1966)

Indexed As: Walker (Malcolm E.) & Sons Ltd. v. Co-operative Fire & Casualty Co.

New Brunswick Supreme Court

Appeal Division

Bridges, C.J.N.B., Ritchie and West, JJ.A.

June 10, 1966.

Summary:

Measure of Damages Partial Fire Loss - Appeal allowed increasing damages from $6,110. to $12,221. for repairs for partial fire loss to a fifty-year old building. Trial judge awarded cost of repairs less 50% for depreciation. Appeal court held that amount recoverable for a partial fire loss is the cost of repairs. Under the Insurance contract the insurer was obligated "to pay actual cash value of property at time of destruction or damage". As no evidence was before the Court that the repairs would lead to an increase in rental or that the repairs would increase the value of the building, Appeal Court refused to reduce award of full cost of repairs. Further, the insurance contract states an intention to pay the cost of repairs unless cost of repairs are increased because of some local ordinance or by-law.

Damages - Topic 4216

Torts affecting land and buildings - Normal measure - Damage to land and buildings - see paragraphs 1 to 13.

Counsel:

Mark Yeoman, for the plaintiff/appellant;

A.B. Gilbert, Q.C., for the defendant/respondent.

This appeal was heard before Bridges, C.J.N.B., Ritchie and West, JJ.A., of the New Brunswick Supreme Court, Appeal Division. Bridges, C.J.N.B., delivered the following decision for the court on June 10, 1966.