CASE NO. VOL. NO. PAGE
FRANK W. HOGG TRUCKING LIMITED, a body
corporate and FRANK W. HOGG PLAINTIFFS
- and -
MICHAEL WARD, ROBERT WARD, R.B. PAVING
COMPANY LTD., a body corporate, BRUCE CHEVROLET-
OLDSMOBILE LTD., a body corporate and MACKAY'S
TRUCK & TRAILER CENTRE LIMITED, a body
corporate DEFENDANTS
S.H. No. 158460 Halifax, Nova Scotia Gruchy, J.
[Cite as:
Frank W. Hogg Trucking Ltd. v. Ward , 2001 NSSC 173]
HEARD: November 15, 2001
DECISION: November 15, 2001 (Orally)
WRITTEN RELEASE: November 27, 2001
SUBJECT: Practice – summary judgment
SUMMARY: Motor vehicle accident in which personal plaintiff, president of corporate plaintiff, was seriously injured. Corporate plaintiff claimed losses as result of injuries to personal plaintiff; an action per quod servitium amisit. Not much doubt about liability, but two main issues arose; corporate plaintiff applied for summary judgment.
ISSUES: (a) existence of a per quod claim on facts alleged;
(b) remoteness of damages claimed.
RESULT: (a) considerable doubt if per quod actions continue to exist;
(b) remoteness of damages best addressed by trial, rather than on an assessment of damages.
Application dismissed.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION
QUOTES MUST BE FROM THE DECISION, NOT FROM THE COVER SHEET