NOVA SCOTIA COURT OF APPEAL
Citation: Gilbert v. Giffin, 2010 NSCA 95
Docket: CA 319253
Registry: Halifax
Between:
Phyllis Gilbert
Appellant
v.
James Douglas Giffin, Daimler Chrysler Services Canada
Inc., and Coseco Insurance Company
Respondents
Docket: CA 319252
Between:
James Douglas Giffin
Appellant
v.
Daimler Chrysler Services Canada Inc., Coseco
Insurance Company and Phyllis Gilbert
Respondents
Judge: The Honourable Justice David P.S. Farrar
Appeal Heard: October 6, 2010
Subject: Summary Judgment, CPR 13.04 (2009) - Motor Vehicle Act, R.S.N.S. 1989, c. 298, s. 2(ak) and s. 62(1) - Interpretation - Vicarious Liability Requirements
Summary: The appellants appealed a decision granting summary judgment to the respondent, Chrysler, granting summary judgment to Chrysler on the basis that it was not vicariously liable for the negligence of Giffin.
Held: Appeal dismissed. The Chambers judge committed no error in determining that the action against Chrysler had no reasonable chance of success.
This information sheet does not form part of the court’s judgment. Quotes must be from the judgment, not this cover sheet. The full court judgment consists of 17 pages. |