Supreme Court of Nova Scotia
Citation: Walsh v. Coady Estate, 2015 NSSC 175
Date: 20150615
Docket: Pic No. 353685
Registry: Halifax
Between:
Tammy Walsh as Executor for the Estate of Christopher Walsh;
Tammy Walsh in her own right; Tammy Walsh as Litigation
Guardian for Shamya Walsh (an infant); and Tammy Walsh as
Litigation Guardian for Savannah Walsh (an infant)
Plaintiff
and
The Estate of Ralph Michael Coady, Jr. and Coast Tire & Auto
Services Ltd., a body corporate, and Attorney General of Canada,
R.C.M.P. Cst. Katie Green and Unidentified R.C.M.P. Members
Defendants
AND IN THE MATTER OF:
2011 Hfx No. 370332
SUPREME COURT OF NOVA SCOTIA
Between:
Newalta Corporation, a body corporate
Plaintiff
and
The Estate of Ralph Michael Coady, Jr. and Coast Tire & Auto
Services Ltd., a body corporate, and Attorney General of Canada,
R.C.M.P. Cst. Katie Green and Unidentified R.C.M.P. Members
Defendants
AND IN THE MATTER OF:
2012 Pic No. 390342
SUPREME COURT OF NOVA SCOTIA
Between:
Barneys River Fish Farm Ltd., a body corporate
Plaintiff
and
The Estate of Ralph Michael Coady, Jr. and Coast Tire & Auto
Services Ltd., a body corporate, and Attorney General of Canada,
R.C.M.P. Cst. Katie Green and Unidentified R.C.M.P. Members
Defendants
Library Heading
|
Judge: |
The Honourable Justice Joshua M. Arnold |
|
Heard: |
November 13, 2014 in Halifax, Nova Scotia |
|
Subject: |
Summary Judgment on Pleadings |
|
Summary: |
The RCMP received complaints about erratic and risky driving by a specific driver on the highway. They found the driver in a convenience store parking lot, had brief interaction with the driver and then let him continue driving. The RCMP received more complaints alleging risky and erratic driving relating to the same driver. The driver crossed the highway and a collision ensued resulting in the death of both drivers. The RCMP and specific RCMP members were sued for negligence. |
|
Issues: |
Did the statements of claim disclose a sustainable cause of action against the Federal defendants? |
|
Result: |
Application to strike the pleadings was dismissed. |
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