Supreme Court

Decision Information

Decision Content

                             IN THE SUPREME COURT OF NOVA SCOTIA

                                      Citation: Cheevers v. Halifax (Regional Municipality) 2005NSSC153

 

 

                                                                                                             Date: 20050615

Docket: S.H. 158344

                                                                                                           Registry: Halifax

 

BETWEEN:

Francis F. Cheevers

Plaintiff

and

 

Halifax Regional Municipality

Defendant

 

 

 

LIBRARY HEADING

 

Judge:                        The Honourable Justice Gerald R. P. Moir

 

Heard: 1, 2, 6, 7, 8, 9, and 10 December 2004 with submissions until 5 January 2005

 

Subjects:        Negligence: Causation; Duty of Care; Standard of Care

Damages: Non-pecuniary; Lost Income; Lost Capacity

 

Summary:       Silver plate peeled and flaked off 600v bus bars in the motor control centre of a sewage treatment plant.  The bus bar compartment had not been inspected or cleaned for many years.  An independent contractor was badly burned by arcing when he was working on the switchboard in the motor control centre.

 

Issues:             Duty of care; Standard of care; Causation; Non-pecuniary damages; Lost income; Lost earning capacity.

 

Result: The municipal operator owed a duty to workers who would come into the motor control centre.  Although preventative maintenance was not commonly practised on motor control centres in sewage treatment plants, preventative maintenance was the standard.  But for the failure to inspect and clean at least every few years, the plaintiff would not have been injured.  Lost income was assessed.  Lost earning capacity was too speculative.  Non-pecuniary damages set at $90,000 to address extreme pain and damage to profession.

 

 

 

 

 

 

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