NOVA SCOTIA COURT OF APPEAL
Citation: Morash v. Purdy, 2011 NSCA 123
Docket: CA 339400
Registry: Halifax
Between:
Terrance Morash
Appellant
v.
Stephen Michael Purdy and Derek Andrew Purdy
Respondents
Judge: The Honourable Justice David P.S. Farrar
Appeal Heard: September 27, 2011
Subject: Damages. Replacement cost versus cost to repair. Measure of Damages.
Summary: The trial judge found the appellant liable for a fire which damaged the respondents’ property. He awarded the respondents damages for the replacement cost of the building. The appellant argued that the trial judge erred in awarding damages for replacement cost to the appellant when there was no evidence that the building needed to be replaced.
Issues: Whether the trial judge erred in finding that the building needed to be replaced.
Result: Appeal allowed, matter remitted to the trial judge to reassess damages having regard to all relevant evidence. In these circumstances, where the trial judge’s interjection prevented the introduction of relevant, probative and otherwise admissible evidence fairness dictated that the matter be returned to him to reassess the damages having regard to all of the relevant, admissible evidence.