What is the test for appealing against damages awarded by the Court of Appeal?

Prince Edward Island, Canada


The following excerpt is from Clory v. Canada (Attorney General), 1998 CanLII 5678 (PE SCAD):

The second ground of appeal challenges the award of damages. That too is an area where the trial judge is entitled to great deference. In Andrews v. Grand & Toy Alberta Ltd., 1978 CanLII 1 (SCC), [1978] 2 S.C.R. 229 (S.C.C.) Dickson J. as he then was said: ... no appellate court is justified in substituting a figure of its own for that awarded at trial simply because it would have awarded a different figure if it had tried the case at first instance. It must be satisfied that a wrong principle of law was applied, or that the overall amount is a wholly erroneous estimate of the damage. I am unable to conclude that the trial judge in this case erred in principle or awarded an unreasonable sum.

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