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 plaintiff’s 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.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.