Date: 19970915 Docket: C.A. 136359
NOVA SCOTIA COURT OF APPEAL
Cite as: Sandall v. Nova Scotia (Attorney General),1997 NSCA 149
Freeman, Pugsley and Bateman, JJ.A.
BETWEEN:
PETER R. SANDALL ) Walton W. Cook, Q.C. and
) Sen. Donald H. Oliver, Q.C.
Appellant ) for the Appellant
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- and - )
) Reinhold M. Endres, Q.C.
) for the Respondent
THE ATTORNEY GENERAL OF NOVA )
SCOTIA Representing Her Majesty the )
Queen in the right of the Province of )
Nova Scotia )
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Respondent ) Appeal Heard:
) September 15, 1997
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) Judgment Delivered:
) September 15, 1997
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THE COURT: Appeal dismissed per oral reasons for judgment of Bateman,J.A.; Freeman and Pugsley, JJ.A. concurring.
The reasons for judgment of the Court were delivered orally by:
BATEMAN, J.A.: (Orally)
This is an appeal from a decision of Justice Allan P. Boudreau of the Supreme Court of Nova Scotia. The appellant, while traveling on the Hines Road in Halifax County, lost control of his motorcycle and collided with a truck. The appellant sued the Attorney General of Nova Scotia, alleging that the Department of Transportation failed to repair a pot hole in the road which pot hole caused the appellant to lose control of his motorcycle.
Justice Boudreau found that the appellant had failed to satisfy the burden upon him to establish that the pot hole existed at the time of the accident, and, even if so, that the pot hole caused or contributed to the accident.
The role of an appeal court where factual findings by the trial judge are impugned was succinctly stated by Matthews, J.A. of this Court in Pye v. MacLean (1996), 150 N.S.R. (2d) 159 at p.160:
. . . it is not for this court to retry the case. We will only interfere if the trial judge has made a manifest error, has ignored conclusive or relevant evidence, has misunderstood the evidence, or has drawn erroneous conclusions from it.
We are not persuaded that Justice Boudreau made any reversible error in reaching his factual findings.
Accordingly, the appeal is dismissed. The respondent shall have costs in the amount of $1500. plus disbursements.
Bateman, J.A.
Concurred in:
Freeman, J.A.
Pugsley, J.A.
C.A. No. 136359
NOVA SCOTIA COURT OF APPEAL
BETWEEN:
PETER R. SANDALL
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Appellant )
- and - ) REASONS FOR
) JUDGMENT BY:
THE ATTORNEY GENERAL OF )
NOVA SCOTIA Representing Her ) BATEMAN, J.A.
Majesty the Queen in the right of the ) (Orally)
Province of Nova Scotia )
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Respondent )
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