Court of Appeal

Judge:

The Honourable Justice Cindy A. Bourgeois

Appeal Heard:

May 18, 2016, in Halifax, Nova Scotia

Subject:

Elements of negligence; “but for” test of causation

Summary:

The appellant sustained injuries when his vehicle drove through the side of a wooden bridge in rural Hants County.  He sued the Province of Nova Scotia, alleging that the Department of Transportation and Infrastructure Renewal was negligent in the monitoring, maintenance, and failure to upgrade the structure to a new standard of construction implemented in May 2007.

After a five day trial, the trial judge found that the respondent was not required to upgrade the bridge to the new standard of construction, but rather, maintain it to its original construction.  The trial judge also concluded that the respondent failed to maintain the bridge as required, and as such, breached its duty of care to the appellant.  Applying the “but for” test of causation, the trial judge concluded that the appellant failed to establish that the respondent’s failure to maintain the bridge caused his losses.  As such, the action was dismissed.

Issues:

(1)        Did the trial judge err in determining the standard of care?

(2)        Did the trial judge err in concluding the appellant had failed to establish causation?

Result:

Appeal dismissed.  The trial judge did not err in concluding that the respondent’s obligation was to maintain the bridge to the standard of its original construction.  The new policy, relied upon by the appellant, specifically contemplated the continuance of the pre-existing standard in certain factual circumstances.  The trial judge made findings of fact which justified his application of that policy.  There was no reason to interfere with his factual conclusions.

With respect to causation, the appellant launched numerous arguments as to why the trial judge’s conclusion was erroneous.  None had merit.