Coulter v. Canada
T-485-90
Rothstein J.
27/1/94
20 pp.
Plaintiff, inmate at Matsqui Institution in B.C., slipped, fell and broke hip while playing racketball in racketball court of Matsqui Institution -- Plaintiff alleges water on court floor due to leak in roof caused injury -- Issues: liability and quantum of damages -- Leak in roof not repaired for about four years owing to dispute between contractor and Department of Public Works-On balance of probabilities, water leak onto floor of racketball court cause of plaintiff's injury -- Due to failure of defendant to have roof properly repaired -- Defendant's duty to prevent water leaking, to close racketball court or at least warn prisoners of possibility of water on racketball court -- Defendant in part responsible for plaintiff's injury on basis of Crown Liability and Proceedings Act, s. 3 -- Plaintiff played racketball for minimum of fifteen minutes -- Plaintiff must have seen water and chose to ignore it -- Defendant responsible for 75% and plaintiff 25% as had obligation not to ignore water on floor -- No pecuniary damages allowed -- No loss of future income claim since injury took place while plaintiff incarcerated for armed robbery -- Plaintiff committed another offence and again incarcerated for nine years-Because plaintiff incarcerated, no working time lost for surgery or convalescence and possibility of future income loss speculative-$25,000 non-pecuniary damages awarded to plaintiff -- Defendant liable for 75% of amount -- No evidence of loss of expectation of life nor of unusual pain and suffering -- Amount allowed on basis of loss of future enjoyment of life -- Appropriate range of non-pecuniary damages for injury based on previous decision: Andrews et al. v. Grand & Toy Alberta Ltd et al., [1978] 2 S.C.R. 229-Damages not identical from province to another but should not vary greatly -- Range of damages awarded in British Columbia appears to be somewhat higher than awards in other provinces -- No evidence of victims of plaintiff's crimes -- Crown Liability and Proceedings Act, R.S.C., 1985, c. C-50, s. 3.