IN THE SUPREME COURT OF NOVA SCOTIA
Citation: MacKinnon v. Bonnar, 2006 NSSC 55
Date: 20060220
Docket: SN 114631
Registry: Sydney
Between:
William Darrell MacKinnon
Plaintiff
v.
Simon Wilfred “Bossy” Bonnar
Defendant
LIBRARY HEADING
Judge: The Honourable Justice Frank Edwards
Heard: September 27, 29, 30 October 12, December 6, 2005 and February 17, 2006 in Sydney, Nova Scotia
Subject: Tort - assault - weighing credibility.
Facts: Plaintiff went to Defendant’s residence at 3 a.m. in company with two friends. Plaintiff challenged Defendant to come outside to fight – also some evidence of threats by Plaintiff and his companions. Defendant comes out with semi-automatic shotgun and fires warning shot in the air. Defendant lowers gun which Plaintiff grabs. Gun discharges. Plaintiff suffers gunshot wound to ankle.
Issue: Whether shooting accidental or intentional.
Result: Shooting accidental. Defendant and his witnesses more believable than Plaintiff and his witnesses. Defendant’s evidence in accordance with the preponderance of probabilities in the case. Plaintiff failed to discharge burden of proof; that is, satisfy Court on a balance of probabilities that shooting was intentional.
Cases Noted: MacMillan v. Hincks (2002) 313 A.R. 150 (Alta Q.B.)
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.