R. v. Buchinsky

It is agreed between the Plaintiff and the Defendant that an accident occurred as alleged on the 26th day of September, 1974, at approximately 10:50 o’clock in the afternoon on Provincial Trunk Highway No. 240, approximately half a mile South of Provincial Trunk Highway No. 1 near Portage la Prairie, in the Province of Manitoba, in which the Defendant, Anthony

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Buchinsky, driving a 1966 Ford Station Wagon, bearing 1974 Manitoba Licence No. 5964 struck the said Robert Brent Langley, while he, along with two other persons, was attempting to push a 1972 Chevrolet Vega in which the said William Stanley Coulter was seated, and which stalled along the North shoulder of Provincial Trunk Highway No. 240.

It is agreed that the Defendant thereby caused injury to the Plaintiffs servants, ROBERT BRENT LANGLEY and WILLIAM STANLEY COULTER, who themselves have a cause of action against the Defendant, to the extent of the Defendant bearing seventy‑five (75%) per cent of the liability for the damages suffered to the said servants of the Plaintiff.

It is agreed that the total amount of damages suffered by the Plaintiff is as follows:

As to ROBERT BRENT LANGLEY—

medical and hospital expenses—

$ 19,715.00

loss of wages—ie. paid allowances

4,603.99

Sub-Total

$ 24,318.99

As to WILLIAM STANLEY COULTER—

medical and hospital expenses—

$ 170.50

loss of wages—ie. paid allowances

49.92

Sub-Total

220.42

TOTAL

$ 24,539.41

It is agreed that the Plaintiff be allowed to amend Her Statement of Claim at trial to effect the change in damages sought in respect of ROBERT BRENT LANGLEY from $23,755.99 to $24,318.99.

It is agreed that at all material times relevant hereto ROBERT BRENT LANGLEY and WILLIAM STANLEY COULTER were members of the Canadian Forces and deemed to be servants of Her Majesty by virtue of Section 37 of the Federal Court Act, 1970, S.C. Chap. C-1.

It is agreed that the only issue to be determined by this Honourable Court is as to whether or not Her Majesty the Queen, as the master of the said ROBERT BRENT LANGLEY and WILLIAM STANLEY COULTER is entitled to recovery of the monies agreed upon herein, and whether an action does lie at the instance of Her Majesty the Queen, and whether She is entitled to rely upon the claim of per quod servitium amisit.