Court of Appeal

Decision Information

Gillis v. MacKeigan

Court Court of Appeal
Date 2010-12-10
Citation 2010 NSCA 101
Docket CA 328060
Judge/Registrar/Adjudicator Farrar, David P.S. (Honourable Justice) (CA); Bryson, Peter M.S. (Honourable Justice) (CA); Hamilton, M. Jill (Honourable Justice)
Document Type Library Sheet
Relations Decision - Gillis v. MacKeigan - 2010 NSCA 101 - 2010-12-10 - Decision

Decision Content

                           NOVA SCOTIA COURT OF APPEAL

Citation: Gillis v. MacKeigan, 2010 NSCA 101

 

Date: 20101210

Docket: CA 328060

Registry: Halifax

 

Between:

John Lloyd Gillis

Appellant

v.

 

David MacKeigan, Jr.

                                                                                                            Respondent

 

 

Judge:                   The Honourable Justice David P.S. Farrar

 

Appeal Heard:      November 10, 2010

 

Subject:                 Insurance Act, R.S.N.S. 1989, c. 231; Automobile Insurance Tort Recovery Limitation - What Constitutes a “Minor Injury”

 

Summary:             The appellant appeals from a determination that the injury he suffered in a motor vehicle accident was a “minor injury” within the meaning of the Insurance Act. 

 

Issue:          Whether the trial judge properly interpreted the provisions of the Insurance Act in determining the appellant suffered a “minor injury”. 

 

Result:                  The trial judge erred in his interpretation of the provisions of the Insurance Act and Regulations.  The matter was remitted to the trial judge for an assessment of damages taking into consideration the proper interpretation of the Insurance Act and Regulations.

 

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