Supreme Court

Decision Information

Decision Content

SUPREME COURT OF NOVA SCOTIA

Citation: Trenholm v. H & C Trucking Ltd., 2014 NSSC 90

 

Date: 20140321

Docket: Hfx No. 253018

Registry: Halifax

 

Between:

 

                                        Melissa Mae Louise Trenholm

 

                                                                                                                 Plaintiff

 

                                                             v.

 

                              H & C Trucking Ltd., a body corporate, and

                                               Robert Daniel Izzard

 

                                                                                                           Respondent

 

 

 

 

LIBRARY HEADING

 

 

Judge:                            The Honourable Justice Michael J. Wood

 

Heard:                            June 3, 4, 5, 6, 10, 11, 12, 17, 18, 19, 20, 24 and 25,

December 2, 3, 6, 9, 10, 11 and 12, 2013, in Halifax, Nova Scotia

 

Written Decision: March 21, 2014

 

Subject:                          Damages - Recovery for Nervous Shock

 

Evidence - Medical Records

 

 

 

 


 

 

Summary:                      The plaintiff was present when a friend was killed in a motor vehicle collision.  She suffered no physical injury, but claimed damages for nervous shock.  Defendants denied that she suffered a sufficient psychiatric injury.

 

Issue:                    Did the plaintiff prove a sufficient injury to recover damages and, if so, in what amount?

 

Result:                           The medical evidence proved that the plaintiff suffered post traumatic stress and associated depression from the accident.  General damages of $75,000.00 were awarded, along with $20,000.00 for past wage loss and diminished earning capacity.

 

The parties filed all of the plaintiffs medical records as evidence, but did not identify the purpose in doing so.  The Court criticized this practice and commented on the manner in which such evidence should be presented and the use which can be made of it.

 

 

 

 

 

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