Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
40603
Donald Blenus v. Charles Fraser
(Nova Scotia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2023-11-01 | Close file on Leave | |
| 2023-10-31 | Correspondence (sent by the Court) to, the parties, RE: Certificate of Taxation | |
| 2023-10-31 | Certificate of taxation issued to, Jonathan Laxer | |
| 2023-10-31 | Decision on the bill of costs, in the amount of $1,140.72, Reg | |
| 2023-10-31 | Submission of the bill of costs, Reg | |
| 2023-09-12 | Bill of costs, (Letter Form), in the amount of $5,355.00, Completed on: 2023-10-27, (Printed version due on 2023-09-19) | Charles Fraser |
| 2023-09-07 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-09-07 | Judgment on leave sent to the parties | |
| 2023-09-07 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Nova Scotia Court of Appeal, Number CA 508019, 2022 NSCA 73, dated December 7, 2022, is dismissed with costs. Dismissed, with costs |
|
| 2023-07-24 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-03-13 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2023-03-14) | Charles Fraser |
| 2023-03-13 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2023-03-13, (Printed version filed on 2023-03-14) | Charles Fraser |
| 2023-02-10 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED: 2023-02-10 | |
| 2023-02-08 | Certificate (on limitations to public access) | Donald Blenus |
| 2023-02-02 | Application for leave to appeal, (Book Form), Completed on: 2023-02-10, (Printed version due on 2023-02-09) | Donald Blenus |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Blenus, Donald | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Fraser, Charles | Respondent | Active |
Counsel
Party: Blenus, Donald
Counsel
134 Provost St.
P.O. Box 753, Stn. Main
New Glasgow, Nova Scotia
B2H 5G2
Telephone: (902) 755-0398
FAX: (902) 755-2813
Email: jamie@macgillivraylaw.com
Party: Fraser, Charles
Counsel
Christopher Rusko
99, rue Bank
Bureau 701
Ottawa, Ontario
K1P 6B9
Telephone: (613) 907-5652
Email: jlaxer@juristespower.ca
Agent
50, rue O'Connor, Bureau 1313
Ottawa, Ontario
K1P 6L2
Telephone: (613) 702-5573
FAX: (613) 702-5573
Email: mvincelette@juristespower.ca
Summary
Keywords
Damages — Quantum — Loss of income — Diminished earning capacity — Mitigation – Causation — Applicant involved in motor vehicle accident with respondent — Applicant formerly operating general construction business – Business shut down in years following accident — Did the trial judge err in his assessment of damages related to loss of income and/or diminished earning capacity?
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The applicant, Mr. Blenus, suffered injuries in a motor vehicle accident. He sued the respondent, Mr. Fraser, for damages. Though liability was admitted by Mr. Fraser, damages and their causation were at issue in the courts below. The trial judge denied Mr. Blenus’s claims for loss of income and diminished earning capacity. He rejected the premise that the injuries caused Mr. Blenus to close his profitable construction business, resulting in financial loss, and he found that Mr. Blenus could have mitigated any financial loss but elected not to do so. On appeal, Mr. Blenus continued to contend that the judge erred by failing to award any amount of damage for these claims. The Court of Appeal dismissed his appeal. It noted that Mr. Blenus did not demonstrate any error committed by the judge.
Lower court rulings
Supreme Court of Nova Scotia
2021 NSSC 79, Ken No. 441592
General damages of $100,000, damages for loss of housekeeping and valuable services of $25,000, and damages for cost of future care of $25,000 awarded to applicant; damages reduced by 25 percent due to failure to mitigate
Nova Scotia Court of Appeal
2022 NSCA 73, CA 508019
Appeal dismissed
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
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Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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