Can a court of appeal alter a non-pecuniary loss award made at trial?
Nova Scotia, Canada
The following excerpt is from Kern v. Steele, 2003 NSCA 147 (CanLII):
A court of appeal is not to alter a damage award made at trial unless it concludes that there was no evidence upon which the trial judge could have reached the conclusion he did, or he proceeded upon a mistaken or wrong principle, or where the result at trial was wholly erroneous: Woelk v. Halvorson (1980), 1980 CanLII 17 (SCC), 114 D.L.R. (3d) 385 (S.C.C.) at p. 388. Non-Pecuniary Loss
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances will the Court of Appeal in the Family Law Appeal Court order that an application judge be allowed to continue to award an award in a family law matter? (Nova Scotia, Canada)
What are the consequences if a party rejects an offer of settlement that subsequently exceeds the award of the court after trial? (Nova Scotia, Canada)
What is the test for extending the time to appeal against a decision by the Court of Appeal? (Nova Scotia, Canada)
What is the impact of a determination by the appeal panel or by the court of appeal? (Nova Scotia, Canada)
What is the range of retroactive variation in the amount of child and spousal support awarded by the Court of Appeal? (Nova Scotia, Canada)
Can an appeal against a sentencing decision be heard by the Court of Appeal? (Nova Scotia, Canada)
What are the grounds of appeal in a case brought by the Court of Appeal? (Nova Scotia, Canada)
What is the standard of review applied by the Court of Appeal to overturn a wife's award for spousal support? (Nova Scotia, Canada)
What is the analytical framework used by the Court of Appeal in disposing of an application for leave of execution? (Nova Scotia, Canada)
What is the duty of fairness of the Court of Appeal in determining whether an individual has been denied entry to a refugee camp? (Nova Scotia, Canada)
