Supreme Court

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Case No.                                                                                                                            Vol. No.

 

ADAM JOHN SPENCER                                                                                          PLAINTIFF

 

- and -

 

MANSOURS LIMITED, body corporate, CASEY REALTY LIMITED, a body corporate and THE TOWN OF AMHERST, a body corporate

                                                                                                                                DEFENDANTS

 

Justice Walter R. E. Goodfellow        Halifax, Nova Scotia   File No. S. H. 145324

 

 

                                                         LIBRARY HEADING

                                         Cite as: Spencer v. Mansours Ltd., 1999 NSSC 96

 

DATE HEARD:                    November 3rd, 1999

 

DECISION:                           November 12th, 1999

 

SUBJECT:                           LEGISLATION - Relationship Workers Compensation N.S. and N.B.

 

SUMMARY:                          Mr. Spencer, employed N. B. Purolator, in course of employment fell on ice the 6th of April, 1995 while making a delivery in Amherst.  Mr. Spencer receives compensation in New Brunswick and commenced this action in Nova Scotia for general damages.  He would have been barred from such if the accident occurred in New Brunswick.

 

Defendants, all employers under N.S. Act, which was amended the 1st of February, 1996 post this accident.  Legislation did not clearly establish retroactivity and therefore, previous Act applied.

 

Determined historic tradeoff outlined Pasiechynk v. Saskatchewan (1997), 149 D.L.R. (4th) 577 (S.C.C.) applied intra provincial but not in these circumstances inter provincial.  Application pursuant to C.P.R. 25.

 

DETERMINATION:             Mr. Spencer entitled to continue his action.  Extinguishment of his common-law right to sue should only be by clear legislative act.

 


 

 

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