In what circumstances will the Court of Appeal have any hesitation in overturning an award of damages by a jury?
Alberta, Canada
The following excerpt is from D'Andrade v. Mohamed, 1983 ABCA 115 (CanLII):
In the following year in Wade v. James [1966] 1 Q.B. 273, Lord Denning, after comparing the test to be applied by an appeal count reviewing awards by a judge with that employed when the award is by judge and jury, followed with this observation at p. 300: "Although the test is so similar, nevertheless in, practice the result is very different." and again at p. 301: "In future this court will not feel the same hesitation as it formerly did in upsetting an award of damages by a jury."
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