Roumieu v. Osborne

Roumieu v. Osborne

The Court of Appeal erred by substituting its view of the severity of injuries for the jury's assessment; because the jury's award of $17,500 was not so large that no jury acting judicially could reasonably have arrived at it, the award must be restored.

Citation
[1965] SCR 145
Parties
Plaintiffs/appellants: David E Roumieu and Laurel Roumieu; Defendant/respondent: Jerrold Bertney Osborne
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
20 November 1964
Procedural Posture
Tort Personal Injury (motor Vehicle Accident) / Appeal From Court of Appeal for British Columbia to Supreme Court of Canada Concerning Reduction of Jury Damages
Outcome
Appeal allowed; jury award of $17,500 restored; Abbott and Judson JJ. dissenting.
Legal Topics
Damages, Excessive Jury Award, Standard of Review, Motor Vehicle Accidents
Source Language
English
Torts Civil Procedure Appeal Damages Excessive Jury Award Standard of Review Motor Vehicle Accidents

Case Brief

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Parties

David E Roumieu and Laurel Roumieu

Plaintiffs/appellants

Jerrold Bertney Osborne

Defendant/respondent

Procedural Posture

Tort Personal Injury (motor Vehicle Accident) / Appeal From Court of Appeal for British Columbia to Supreme Court of Canada Concerning Reduction of Jury Damages

Legal Issues

  1. 1 Whether the Court of Appeal was justified in reducing the jury's damages award
  2. 2 Standard of appellate review when assessing whether jury damages are excessive
  3. 3 Proper application of Rule 36 of the British Columbia Court of Appeal Rules

Ratio Decidendi

The Court of Appeal erred by substituting its view of the severity of injuries for the jury's assessment; because the jury's award of $17,500 was not so large that no jury acting judicially could reasonably have arrived at it, the award must be restored.

Court Disposition

Appeal allowed; jury award of $17,500 restored; Abbott and Judson JJ. dissenting.

Orders

  • Set aside the judgment of the Court of Appeal for British Columbia that substituted an award of $6,500
  • Restore the jury award of $17,500 to the appellants