Can a Court of Appeal alter a damages award made at trial?
British Columbia, Canada
The following excerpt is from Joyce v. Dorvault, 2008 BCCA 151 (CanLII):
The circumstances in which it is appropriate for an appellate court to alter a damage award made at trial are limited. As stated by McIntyre J. in Woelk v. Halvorson, 1980 CanLII 17 (SCC), [1980] 2 S.C.R. 430 at 435: 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.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
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)
How has the Court in England and Wales treated the Court of Appeal's decision to award the Commissioner's Award for Disgraceable Dismissal/Disparability? (British Columbia, Canada)
Does a decision of appeal from a master be appealed from the Court of Appeal of the Master? (British Columbia, Canada)
What is the range of damages awarded by the Court of Appeal for facial injuries? (British Columbia, Canada)
What is the test for determining if a plaintiff is entitled to an award of damages from the Court of Appeal of BCSC 1255? (British Columbia, Canada)
Does the Court of Appeal have any authority to intervene in a case where damages have been awarded in negligence? (British Columbia, Canada)
What is the standard of review under s. 59(1) of the Rules of Appeal Court of Appeal for a motion of appeal against the decision of a judge on a question of mixed fact and law? (British Columbia, Canada)
What is the test for determining the quantum of compensatory damages awarded by the Court of Appeal in a personal injury case? (British Columbia, Canada)
What is the role of the Court of Appeal in determining that non-pecuniary damage award is inordinately low? (British Columbia, Canada)
Is the Chief Justice of the Court of Appeal of the Supreme Court of B.C holding that the Court has jurisdiction to determine whether a person who is not a party to a particular type of tortfeasor has a valid claim? (British Columbia, Canada)
