Is there any error in awarding excessive damages in a personal injury case?
British Columbia, Canada
The following excerpt is from Hatton v. Henderson, 1981 CanLII 514 (BC CA):
As is usual in these personal injury cases, we are called upon to ascertain whether error exists, either on the ground that (1) the amount awarded is "inordinately high"; or (2) the trial judge applied a wrong principle of law (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).
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