Is there an error of principle in awarding damages in a personal injury case?
British Columbia, Canada
The following excerpt is from Rankin v. National Harbours Board, 1981 CanLII 468 (BC CA):
I have reached that opinion, and having done so, I must conclude that there has been an error of principle on the part of the trial judge within the meaning of the often quoted passage in Nance v. B.C. Elec. Ry., 1951 CanLII 374 (UK JCPC), [1951] A.C. 601, 2 W.W.R. (N.S.) 665, [1951] 3 D.L.R. 705. I am, therefore, required to reconsider the question of the award of damages.
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