SUPREME COURT OF Nova Scotia
Citation: Grue v. McLellan, 2018 NSSC 69
Date: 2018-03-23
Docket: Tru. No. 412326
Registry: Truro
Between:
Holly Elizabeth Grue
Plaintiff
v.
Ryan McLellan, Gregory McLaughlin and
The Personal Insurance Company
Defendants
LIBRARY HEADING
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Judge: |
The Honourable Justice Jeffrey R. Hunt |
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Heard: |
June 21, 22, 26, 27, 30, July 4, 27, 2017, in Truro, Nova Scotia |
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Final Submissions: |
August 13, 2017 and September 8, 2017 |
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Counsel: |
Peggy Power, Solicitor for the Plaintiff Stephen Johnston/Joshua Martin, Solicitors for the Defendant, Gregory McLaughlin Christopher Madill/Tipper McEwan, Solicitors for The Personal Insurance Company Myer Rabin, Solicitor for Ryan McLellan |
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Written Decision: |
March 23, 2018 |
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Subject: |
Consent to drive; Reverse onus provisions of the Motor Vehicle Act; Consideration and apportionment of negligence. |
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Summary: |
By Consent Order, issues of consent to drive and liability were severed from the quantification of the Plaintiff’s damages. This proceeding determined issues of consent to drive and negligence by the Defendant driver and owner.
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Issues: |
1.Was the Defendant, McLaughlin, able to disprove consent under the reverse onus provisions of s.248 of the Motor Vehicle Act? 2.Was the Defendant, McLaughlin, negligent in all the circumstances? 3.Apportionment of liability.
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Result: |
1. Consent to drive was established. 2. Negligence was found on the part of the owner, McLaughlin. 3. Liability in negligence was apportioned 85% against the driver and 15% against the owner.
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THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.