Sikora v. Asbestonos Corp. Ltd.

Sikora v. Asbestonos Corp. Ltd.

The jury's award was inordinately high and unsupported by the evidence; the Court of Appeal was correct to set it aside and, with counsel's consent under s.47, the Supreme Court properly fixed general damages at $20,000 and entered judgment accordingly.

Citation
[1975] 1 SCR 115
Parties
Plaintiff Appellant: Edmund Sikora; Defendant Respondent: Asbestonos Corporation Limited; Defendant Respondent: Michel Rioux
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
11 February 1974
Procedural Posture
Tort Personal Injury / Appeal From Court of Appeal for Ontario; Supreme Court Exercised S.47 Power to Fix Damages After Consent of Counsel
Outcome
Appeal dismissed
Legal Topics
Quantum of Damages, Jury Verdict Review, Judicial Reassessment Under Statute, S.47 Supreme Court Act
Source Language
English
Torts Damages Civil Procedure Appellate Practice Quantum of Damages Jury Verdict Review Judicial Reassessment Under Statute S.47 Supreme Court Act

Case Brief

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Parties

Edmund Sikora

Plaintiff Appellant

Asbestonos Corporation Limited

Defendant Respondent

Michel Rioux

Defendant Respondent

Procedural Posture

Tort Personal Injury / Appeal From Court of Appeal for Ontario; Supreme Court Exercised S.47 Power to Fix Damages After Consent of Counsel

Legal Issues

  1. 1 Whether the jury's award of $45,000 in general damages was excessive
  2. 2 Whether the Ontario Court of Appeal was correct to set aside the jury verdict
  3. 3 Whether the Supreme Court should exercise s.47 to fix the quantum of general damages

Ratio Decidendi

The jury's award was inordinately high and unsupported by the evidence; the Court of Appeal was correct to set it aside and, with counsel's consent under s.47, the Supreme Court properly fixed general damages at $20,000 and entered judgment accordingly.

Court Disposition

Appeal dismissed

Orders

  • General damages assessed at $20,000
  • Special damages agreed at $1,130