CASE NO. VOLUME PAGE
ARLINGTON WESLEY FRASER - and - ESTATE OF GEORGE M. HUNTER
and MARION PEARL HUNTER,
Executrix of the Estate of George M. Hunter
(Appellant) (Respondents)
C.A. No. 158103 Halifax, N.S. Glube, C.J.N.S.
[Cite as: Fraser
v. Hunter Estate, 2000 NSCA 63]
APPEAL HEARD: April 3, 2000
JUDGMENT DELIVERED: May 12, 2000
SUBJECT: MOTOR VEHICLE ACCIDENT; damages; apportionment of liability; alleged bias of trial judge; deduction of collateral benefits.
SUMMARY: At trial, the respondent was found 100% liable following a motor vehicle accident. As a result of the accident, the appellant, age 44, took early retirement from his job as a correctional services officer at a penitentiary. He was awarded general damages. In addition, he was awarded damages for past and future loss of income and from those amounts the trial judge deducted, LTD, CPP and Superannuation Medical Retirement Benefits.
ISSUES: On the appeal, the parties agreed the deductions were made in error. However, the respondent cross-appealed the trial judge’s findings of fact on how the accident happened; on the finding of total liability against the respondent; alleging misconduct of the trial and bias relating to an expert witness; and misapplying the legal principles in assessing damages.
RESULT: Cross-appeal dismissed. The parties agreed on the standard of review for overturning findings of fact, appointment of fault and assessing damages. No errors found and no bias or misconduct by the trial judge.
Appeal of deductions allowed. Case is fact specific. Unless parties agree on figures, returned to trial judge to determine.
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This information sheet does not form part of the Court's decision. Quotes must be from the judgment, not this cover sheet. The full court decision consists of 12 pages.
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