SUPREME COURT of NOVA SCOTIA Citation: Orlov V. Halifax Regional Municipality (Halifax Transit), 2018 NSSC 152
SUPREME COURT OF NOVA SCOTIA Citation: Orlov v. Halifax Regional Municipality (Halifax Transit), 2018 NSSC 152 Date: 20180620 Docket: Hfx No. 386163 Registry: Halifax Between: Stanislav Orlov 2018 NSSC 152 (CanLII) Plaintiff v. The Halifax Regional Municipality, a body corporate duly incorporated pursuant to the laws of Nova Scotia c.o.b. under the name of Metro Transit and Joey Williams Defendants D E C I S I O N Judge: The Honourable Justice Christa M. Brothers Heard: December 13, 14, 18, 19, and 20, 2017, in Halifax, Nova Scotia Decision: June 20, 2018 Counsel: Wayne Bacchus and Igor Yushchenko, for the plaintiff Guy Harfouche and Brandon Knill, Articled Clerk, for the defendants Page 2 Brothers J.: Overview [1] On the afternoon of May 16, 2011, the plaintiff, Mr. Orlov, boarded a Metro Transit Bus instead of walking to work at Mount Saint Vincent University (“MSVU”), where he was employed as a Librarian. It was a rainy, wet day. Metro Transit Bus No. 971 (the “bus”) stopped at 357 Bedford Highway, headed towards Halifax when the plaintiff boarded. The plaintiff was an experienced bus passenger. While holding his wallet, a bag and a transfer, the plaintiff walked 2018 NSSC 152 (CanLII) toward the back of the bus, fell, and broke his ankle (the “accident”). The sole issue for determination is liability. Damages have been agreed to by the parties. [2] What caused the plaintiff to fall? The plaintiff advanced four theories of causation: 1. The speed of the bus leaving the stop was excessive; 2. The floor of the bus was worn and caused the plaintiff to slip; 3.
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