Canadian Pacific Express Co. et al. v. Levy

Canadian Pacific Express Co. et al. v. Levy

The general damages award of $37,500 to Lillian Levy was so large that a jury appreciating the evidence could not reasonably have awarded it; therefore the appeals are allowed solely to the extent of ordering a new assessment of her general damages, with the observation that expenses for any further operation were already included in the husband's award and Lillian Levy would, in that respect, be entitled only to pain and suffering.

Citation
[1945] SCR 456
Parties
Appellant (defendant): Canadian Pacific Express Company; Appellant (defendant): Nova Scotia Light and Power Company Limited; Respondent (plaintiff): James A. Levy; Respondent (plaintiff): Lillian Levy
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
3 May 1945
Procedural Posture
Tort: Personal Injury Appeal / Appeal to the Supreme Court of Canada From the Supreme Court of Nova Scotia in Banco
Outcome
Appeals allowed with costs; new assessment of the general damages of Lillian Levy ordered.
Legal Topics
Personal Injury, Quantum of Damages, New Assessment, Jury Verdict
Source Language
English
Torts Civil Procedure Damages Personal Injury Quantum of Damages New Assessment Jury Verdict

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Parties

Canadian Pacific Express Company

Appellant (defendant)

Nova Scotia Light and Power Company Limited

Appellant (defendant)

James A. Levy

Respondent (plaintiff)

Lillian Levy

Respondent (plaintiff)

Procedural Posture

Tort: Personal Injury Appeal / Appeal to the Supreme Court of Canada From the Supreme Court of Nova Scotia in Banco

Legal Issues

  1. 1 Whether the jury award of $37,500 in general damages to Lillian Levy was so excessive that it could not reasonably have been awarded by a jury
  2. 2 Whether a new assessment of general damages should be ordered
  3. 3 Whether expenses for any further operation were already included in the husband's award and therefore should not augment the wife's damages

Ratio Decidendi

The general damages award of $37,500 to Lillian Levy was so large that a jury appreciating the evidence could not reasonably have awarded it; therefore the appeals are allowed solely to the extent of ordering a new assessment of her general damages, with the observation that expenses for any further operation were already included in the husband's award and Lillian Levy would, in that respect, be entitled only to pain and suffering.

Court Disposition

Appeals allowed with costs; new assessment of the general damages of Lillian Levy ordered.

Orders

  • Appeals allowed with costs
  • New assessment of general damages of Lillian Levy ordered