Stannard et al. v. Kidner

Stannard et al. v. Kidner

The majority held that this Court will not interfere with an Appellate Division’s reassessment of damages absent an error of principle or exceptional circumstances showing the award is wholly erroneous; the Appellate Division carefully considered the evidence, applied no wrong principle and its reductions were not so exceptional as to warrant interference, therefore the appeal was dismissed.

Citation
[1973] SCR 493
Parties
Plaintiff Appellant: Martin Cable Stannard; Plaintiff Appellant: John Joseph Blouin; Defendant Respondent: Leroy Douglas Kidner
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
31 January 1973
Procedural Posture
Civil Appeal (torts Personal Injury) / Appeal to the Supreme Court of Canada From the Supreme Court of Alberta, Appellate Division (variation of Trial Awards)
Outcome
Appeal dismissed; Hall and Laskin JJ. dissenting in part.
Legal Topics
Quantum of Damages, Appellate Review of Damages, Standard of Review
Source Language
English
Torts Civil Procedure Damages Quantum of Damages Appellate Review of Damages Standard of Review

Case Brief

Summary, issues, holding and outcome

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Parties

Martin Cable Stannard

Plaintiff Appellant

John Joseph Blouin

Plaintiff Appellant

Leroy Douglas Kidner

Defendant Respondent

Procedural Posture

Civil Appeal (torts Personal Injury) / Appeal to the Supreme Court of Canada From the Supreme Court of Alberta, Appellate Division (variation of Trial Awards)

Legal Issues

  1. 1 Whether this Court should interfere with an appellate court’s variation of trial-assessed damages
  2. 2 What standard governs review of a provincial appellate court’s reassessment of quantum (error of law or wholly erroneous estimate)
  3. 3 Whether the Appellate Division’s reductions of the trial awards were inordinately high or justified

Ratio Decidendi

The majority held that this Court will not interfere with an Appellate Division’s reassessment of damages absent an error of principle or exceptional circumstances showing the award is wholly erroneous; the Appellate Division carefully considered the evidence, applied no wrong principle and its reductions were not so exceptional as to warrant interference, therefore the appeal was dismissed.

Court Disposition

Appeal dismissed; Hall and Laskin JJ. dissenting in part.

Orders

  • Appeal dismissed with costs
  • Appellate Division reductions upheld: Stannard awarded $30,000 inclusive of special damages; Blouin awarded $15,000 inclusive of special damages