Supreme Court of Nova Scotia
Citation: Intact Insurance Company v. Baxter Trucking Ltd., 2018 NSSC 23
Date: 20180205
Docket: AMH No. 432061
Registry: Amherst
Between:
Intact Insurance Company, subrogated
to the rights of Cumberland Early Intervention Program
and Beaton Blaikie Barristers & Solicitors
Plaintiffs
v.
Baxter Trucking Limited
Defendant
Docket: AMH No. 428289
Between:
Walmer Inc.
Plaintiff
v.
Baxter Trucking Limited and Doug Richard
Defendants
Library Heading
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Judge: |
The Honourable Justice Mona M. Lynch |
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Heard: |
December 6, 2017 in Amherst, Nova Scotia |
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Written Decision: |
February 5, 2018 |
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Subject: |
CPR 12.02 Question of Law |
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Summary: |
In August 2012, the defendants were contracted by the Amherst Fire Department to assist with an active fire in the Municipality. During the demolition of the building on fire, the wall collapsed and damaged the adjoining building owned by one plaintiff and leased by the other plaintiffs. |
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Issues: |
Based on the facts agreed to herein, are either or both of the Defendants Baxter Trucking Limited and Doug Richard immune from tort liability for the claims alleged in the Actions, pursuant to s. 297(5) of the Municipal Government Act, SNS 1998, c. 18?
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Result: |
Baxter Trucking and Doug Richard were acting under the direction or authority of an officer in charge, the deputy chief of the AFD, who was exercising powers conferred by s. 297 of the Act. Based on the facts agreed to, both of the Defendants, Baxter Trucking Limited and Doug Richard, are immune from tort liability for the claims alleged in the Actions, pursuant to s. 297(5) of the Municipal Government Act, SNS 1998, c. 18.
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