Walker and Walker v. Sydney City Hospital, (1983) 55 N.S.R.(2d) 556 (TD)

• Judge: Nathanson, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: January 21, 1983
• Jurisdiction: Nova Scotia
• Citations: (1983), 55 N.S.R.(2d) 556 (TD)

Walker v. Sydney City Hospital (1983), 55 N.S.R.(2d) 556 (TD);

              114 A.P.R. 556

MLB headnote and full text

Walker and Walker v. Sydney City Hospital

(1973 S.S.N. No. 00110)

Indexed As: Walker and Walker v. Sydney City Hospital

Nova Scotia Supreme Court

Trial Division

Nathanson, J.

January 21, 1983.

Summary:

The plaintiffs brought a negligence action for personal injuries against a hospital. Liability was admitted. The Nova Scotia Supreme Court, Trial Division, assessed the plaintiffs' damages.

Damage Awards - Topic 226

Eye injuries - Loss of sight in left eye - Right eye has scar tissue, affecting appearance - Right eye dry and itchy, requiring artificial tears five times daily - Blurred vision, tires easily - 5.5 year old girl - The Nova Scotia Supreme Court, Trial Division, awarded $47,000.00 non-pecuniary general damages - See paragraphs 3 to 8.

Interest - Topic 5008

Interest as damages - Prejudgment interest - Subsection 38 (9) of the Judicature Act, as amended by S.N.S. 1980, c. 55, authorized prejudgment interest from the date of the cause of action until the date of judgment - The Nova Scotia Supreme Court, Trial Division, held that the amending legislation applied retroactively to create a liability for prejudgment interest previous to 1980 - See paragraphs 9 to 12.

Interest - Topic 5137

Interest as damages - Torts - Negligence - Personal injuries - The plaintiff suffered personal injuries in 1971 and brought an action in 1973 - The last treatment was in 1977 - The case was tried in 1983 - The Nova Scotia Supreme Court, Trial Division, awarded the plaintiff 8% simple interest on the general damages for eight years from 1971 to 1979, allowing two years to wait for the medical result from the last treatment - The court stated that an award of 12 years interest would be excessive in the circumstances - See paragraphs 15 to 16.

Statutes - Topic 6703

Operation and effect - Commencement, duration and repeal - Retrospective enactments - What constitutes retrospective operation - Subsection 38(9) of the Judicature Act, as amended by S.N.S. 1980, c. 55, authorized prejudgment interest from the date of the cause of action until the date of judgment - The Nova Scotia Supreme Court, Trial Division, held that the amending legislation applied retroactively to create a liability for prejudgment interest previous to 1980 - See paragraphs 9 to 12.

Cases Noticed:

MacArthur v. Maessen (1981), 43 N.S.R.(2d) 494; 81 A.P.R. 494, refd to. [para. 7].

Miles v. Taraschi (1981), 50 N.S.R.(2d) 327; 98 A.P.R. 327, consd. [para. 7].

Lockhart v. MacDonald (1980), 42 N.S.R.(2d) 29; 77 A.P.R. 29, appld. [para. 11].

Greek and Hillier v. Ernst (1980), 43 N.S.R.(2d) 191; 81 A.P.R. 191, consd. [para. 14].

Yeadon v. Gauthier (1981), 47 N.S.R.(2d) 165; 90 A.P.R. 165, consd. [para. 14].

Cleveland and Cleveland v. Gass (1981), 47 N.S.R.(2d) 323; 90 A.P.R. 323, consd. [para. 14].

Leitch Transport Ltd. v. Neonex International Ltd. et al., 27 O.R.(2d) 363 (Ont. C.A.), dist. [para. 17].

Statutes Noticed:

Judicature Act, S.N.S. 1980, c. 55, sect. 38(9) [para. 10]; sect. 38(11)(d) [para. 13].

Authors and Works Noticed:

Waddams, S.M., The Date for the Assessment of Damages (1981), 97 L.Q. Rev. 445 [para. 14].

Counsel:

S.J. Khattar, Q.C., for the plaintiffs;

C.C. Robinson, for the defendant.

This case was heard before NATHANSON, J., of the Nova Scotia Supreme Court, Trial Division, at Sydney, Nova Scotia, on January 21, 1983.

The decision of NATHANSON, J., was delivered orally on January 21, 1983.