King v. Goodman

King v. Goodman

The $500 award for loss of the deceased's expectation of life was manifestly inadequate for a healthy 23‑year‑old and indicated the jury did not appreciate the remedy under the Trustee Act; the Fatal Accidents Act award was left intact, but a new trial is ordered limited to reassessment of damages under the Trustee Act.

Citation
[1940] SCR 541
Parties
Plaintiff Appellant: George Wesley King, Administrator of the Estate of Alice Winnifred King; Defendant Respondent: Joshua Goodman
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
29 June 1940
Procedural Posture
Tort (wrongful Death) Damages Under Fatal Accidents Act and Trustee Act / Appeal to Supreme Court of Canada From Court of Appeal for Ontario on Quantum of Damages; Remitted for New Trial on Trustee Act Damages
Outcome
Appeal allowed in part.
Legal Topics
Quantum of Damages, Loss of Expectation of Life, Apportionment of Negligence, New Trial, Statutory Interpretation
Source Language
English
Torts Damages Wrongful Death Civil Procedure Quantum of Damages Loss of Expectation of Life Apportionment of Negligence New Trial +1 more

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Parties

George Wesley King, Administrator of the Estate of Alice Winnifred King

Plaintiff Appellant

Joshua Goodman

Defendant Respondent

Procedural Posture

Tort (wrongful Death) Damages Under Fatal Accidents Act and Trustee Act / Appeal to Supreme Court of Canada From Court of Appeal for Ontario on Quantum of Damages; Remitted for New Trial on Trustee Act Damages

Legal Issues

  1. 1 Whether $500 awarded by jury for loss of expectation of life under The Trustee Act was adequate
  2. 2 Whether a new trial should be ordered limited to reassessment of damages under The Trustee Act
  3. 3 Whether the Fatal Accidents Act award should be disturbed

Ratio Decidendi

The $500 award for loss of the deceased's expectation of life was manifestly inadequate for a healthy 23‑year‑old and indicated the jury did not appreciate the remedy under the Trustee Act; the Fatal Accidents Act award was left intact, but a new trial is ordered limited to reassessment of damages under the Trustee Act.

Court Disposition

Appeal allowed in part.

Orders

  • New trial directed limited to assessment of damages in respect of the claim under The Trustee Act
  • Fatal Accidents Act award left undisturbed