Lang v. Pollard

Lang v. Pollard

The Supreme Court dismissed the appeal and refused to disturb the Appeal Division's increased awards of general damages because no error of principle or misapprehension of evidence was shown and this Court will not interfere with a provincial Court of Appeal's assessment of damages absent very exceptional circumstances.

Citation
[1957] SCR 858
Parties
Defendant Appellant: Harry Lang; Defendant Appellant: Michael Joseph; Plaintiff Respondent: Patricia Pollard; Plaintiff Respondent: Mary Lou Murphy
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
18 November 1957
Procedural Posture
Civil Appeal (tort Personal Injury) / Appeal to Supreme Court of Canada From New Brunswick Appeal Division; Liability Affirmed; Damages Increased by Appeal Division; Appeal Dismissed
Outcome
Appeal dismissed with costs.
Legal Topics
Assessment of General Damages, Standard of Review on Reassessment of Damages, Gross Negligence, Contributory Negligence
Source Language
English
Torts Damages Civil Procedure Appeals Assessment of General Damages Standard of Review on Reassessment of Damages Gross Negligence Contributory Negligence

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Parties

Harry Lang

Defendant Appellant

Michael Joseph

Defendant Appellant

Patricia Pollard

Plaintiff Respondent

Mary Lou Murphy

Plaintiff Respondent

Procedural Posture

Civil Appeal (tort Personal Injury) / Appeal to Supreme Court of Canada From New Brunswick Appeal Division; Liability Affirmed; Damages Increased by Appeal Division; Appeal Dismissed

Legal Issues

  1. 1 Whether gross negligence by driver was established
  2. 2 Whether respondents were contributorily negligent
  3. 3 Whether Supreme Court should interfere with a provincial Court of Appeal's reassessment of general damages

Ratio Decidendi

The Supreme Court dismissed the appeal and refused to disturb the Appeal Division's increased awards of general damages because no error of principle or misapprehension of evidence was shown and this Court will not interfere with a provincial Court of Appeal's assessment of damages absent very exceptional circumstances.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.
  • Affirmed Appeal Division awards of general damages: Patricia Pollard $15,000; Mary Lou Murphy $3,000.