Does the Court of Appeal have any authority to intervene in a case where damages have been awarded in negligence?
British Columbia, Canada
The following excerpt is from Kokkinis v. Hall, 1996 CanLII 2404 (BC CA):
15 All in all, I think we should be guided by the comments of Mr. Justice McIntyre in Woelk v. Halverson 1980 CanLII 17 (SCC), [1980] 2 S.C.R. 430, where he stated at 435: "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 trial was wholly erroneous, that a Court of Appeal is entitled to intervene." There was evidence to support the trial judge in his conclusion regarding general damages and although the amount is higher than what I might have arrived at, we should not intervene.
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