Calpas v. Alta. (1990), 111 A.R. 5 (QB)
MLB headnote and full text
Kevin Neal Calpas (applicant) v. Her Majesty The Queen In Right of Alberta (respondent)
(Action No. 9001 08780)
Indexed As: Calpas v. Alberta
Alberta Court of Queen’s Bench
Judicial District of Calgary
Moore, C.J.Q.B.
October 2, 1990.
Summary:
A schoolboy settled a claim for damages against a school board and a janitor for injuries sustained while moving a piano. The settlement was 65% of the damages he would have received if successful at trial. The Minister of Health claimed part of the settlement for the subrogated claim for hospital services.
The Alberta Court of Queen’s Bench held that the Minister was not entitled to any of the settlement where there was not full recovery by the schoolboy.
Damages – Topic 1440
Special damages – Medical and hospital – Subrogated claim – A schoolboy sued a school board for damages for injuries suffered while moving a piano at school – His claim included a subrogated claim for damages for hospital expenses – The claim was settled for about 65% of the damages he would have received if successful at trial – The Alberta Court of Queen’s Bench held that the Minister of Health’s right of subrogation under s. 58 of the Hospitals Act did not arise until the schoolboy was fully compensated.
Subrogation – Topic 15
Right of subrogation – When available – [See Damages – Topic 1440].
Cases Noticed:
Bigl v. Alberta (1989), 98 A.R. 203; 67 Alta. L.R.(2d) 349, appld. [para. 6].
Ledingham v. Minister of Transport, [1975] 1 S.C.R. 332; 2 N.R. 32; 46 D.L.R.(3d) 699, appld. [para. 7].
Ledingham v. Ontario Hospital Services Comm. – see Ledingham v. Minister of Transport.
Statutes Noticed:
Hospitals Act, R.S.A. 1980, c. H-11, sect. 58(1) [para. 5].
Counsel:
E.S. Rudd, for the applicant;
A.P. Hnatiuk, Q.C., for the respondent.
This application was heard before Moore, C.J.Q.B., of the Alberta Court of Queen’s Bench, Judicial District of Calgary, who delivered the following judgment on October 2, 1990.
