What is the role of the Court of Appeal in determining that non-pecuniary damage award is inordinately low?
British Columbia, Canada
The following excerpt is from Tisalona v. Easton, 2017 BCCA 272 (CanLII):
This court’s role in determining whether a non-pecuniary damage award is inordinately low was discussed in Morlan v. Barrett, 2012 BCCA 66, where the following standard of review was explained:
As already mentioned, a trial judge’s assessment of damages is entitled to considerable deference. The approach to be taken when an award is challenged on the basis that it is inordinately high or inordinately low was discussed by Mr. Justice K. Smith in Marois v. Pelech, 2009 BCCA 286, 95 B.C.L.R. (4th) 243:
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