Janke v. Holzer

The Supreme Court held that the Court of Appeal's reasons for reducing the trial judge's damages award could not be supported and therefore restored the trial judgment, granting costs to the appellant.

Citation: [1982] 1 SCR 281
Parties: Appellant / Plaintiff: Heather Janke (Administratrix of the Estate of Gunther Janke, deceased); Respondent / Defendant: Sylvia Holzer (Administratrix of the Estate of Lorne Alton Chambers, deceased)
Court: Supreme Court of Canada
Jurisdiction: Canada
Judgment Date: 4 February 1982
Procedural Posture: Appeal / Supreme Court of Canada Appeal From Alberta Court of Appeal
Outcome: Appeal allowed; judgment of the Court of Appeal set aside; trial judgment restored.
Legal Topics: Damages, Fatal Accidents Act, Multiplier Principle, Remarriage Probability, Contingency Deduction
Source Language: English

Torts Damages Fatal Accidents Act Multiplier Principle Remarriage Probability Contingency Deduction

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Full judgment text Legal principles 2 Authorities cited 1 Party arguments 2

Parties

Heather Janke (Administratrix of the Estate of Gunther Janke, deceased)

Appellant / Plaintiff

Sylvia Holzer (Administratrix of the Estate of Lorne Alton Chambers, deceased)

Respondent / Defendant

Procedural Posture

Appeal / Supreme Court of Canada Appeal From Alberta Court of Appeal

Legal Issues

1 Appropriate quantum of damages under The Fatal Accidents Act
2 Application of the multiplier principle in assessing damages
3 Extent to which probability of remarriage justifies a contingency deduction

Ratio Decidendi

Court Disposition

Appeal allowed; judgment of the Court of Appeal set aside; trial judgment restored.

Orders

Appeal allowed
Judgment of the Court of Appeal set aside