SUPREME COURT OF NOVA SCOTIA
Citation: Gillis v. MacKeigan, 2010 NSSC 109
Date: 20100406
Docket: Syd No. 262862
Registry: Sydney
Between:
John Lloyd Gillis
Plaintiff
v.
David MacKeigan Jr.
Defendant
LIBRARY HEADING
Judge: The Honourable Justice Frank Edwards
Heard: January 12, 2010
Final Written
Submissions: February 22, 2010
Subject: Addendum to January 18, 2010 decision - Applicability of $2,500.00 cap to non-monetary losses - Insurance Act and Regulations.
Facts: At an assessment of damages following default judgment, Plaintiff awarded $75,000.00 plus prejudgment interest for general damages. Before Order signed, Court raised issue of applicability of cap. Plaintiff’s Counsel submitted post-hearing brief.
Issue: Whether Plaintiff has proven that his injury (chronic pain) is not a minor injury.
Result: Cap applies. General damage award regarding chronic pain reduced to $2,500.00. “Minor injury” means a personal injury [Section 113B(1a)]. “Personal injury” does not include chronic pain as defined in the regulations [Reg. 2(1)(d)]. Plaintiff failed to prove his chronic pain not caught by the exclusion.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.