What is the test for a court of appeal to alter an award made by a judge at trial for delayed payment of damages to a plaintiff?
British Columbia, Canada
The following excerpt is from Tabata v. Argau, 1984 CanLII 312 (BC CA):
Having regard for the foregoing, I think we should not interfere with the award made by the judge: see Woelk v. Halvorson, 1980 CanLII 17 (SCC), [1980] 2 S.C.R. 430, [1981] 1 W.W.R. 289 at 293, 14 C.C.L.T. 181, 114 D.L.R. (3d) 385, 3 N.R. 232, 24 A.R. 620, where McIntyre J., in giving the judgment for the court, said: It is well settled that a court of appeal should not alter a damage award made at trial merely because, on its view of the evidence, it would have come to a different conclusion. It is only where a court of appeal comes to the conclusion that there was no evidence upon which a trial judge could have reached this conclusion, or where he proceeded upon a mistaken or wrong principle, or where the result reached at the trial was wholly erroneous, that a court of appeal is entitled to intervene. IV. Damages for delayed payment
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