IN THE SUPREME COURT OF NOVA SCOTIA
Citation: Morel v. Bryden, 2006 NSSC 218
Date: 20060705
Docket: S.H. No 178789
Registry: Halifax
Between:
Jocelyn Morel
Plaintiff
v.
Patrick Bryden
LIBRARY HEADING
Judge: The Honourable Justice Suzanne M. Hood
Heard: February 13-21, 2006 in Halifax, Nova Scotia
Written Decision: July 5, 2006
Subject: Personal injury claim
Summary: Jocelyn Morel was injured in a rear-end motor vehicle accident on May 29, 2000. Liability is not in issue. Damages are in issue.
Issue: (1) General Damages
(2) Past Loss of Income
(3) Future Loss of Income/Diminished Earning Capacity
(4) Loss of Valuable Services/Housekeeping Capacity
(5) Future Medical Expenses
(6) Special Damages
Result: General damage award for whiplash-type injury reduced to $35,000.00 because of failure to mitigate.
No past loss of income established. Plaintiff continued to received dividend income in some years from company in which she was 50% shareholder. Decline in business resulted from other factors.
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No future loss of income established but diminution of earning capacity assessed at $60,000.00, only to age 60 (6 years) because of other unrelated health factors.
Loss of housekeeping capacity award of $5,000.00.
Future medical expense award reduced to $15,000.00 because of MacLeod v. Lumberman Mutual Casualty Company 1993 CarswellNS 92, 15 C.C.L.I. (2d) 59, 121 N.S.R. (2d) 146. 335 A.P.R. 146. No special damage award for the same reason.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION.
QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.