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Torts 2012 ONCA 510

Vokes Estate v. Palmer

Court
Court of Appeal for Ontario

Appeal dismissed because the trial judge's modified instructions were appropriate in the circumstances (defendant's excessive speed and difficulty detecting it), appellant's counsel failed to object at trial (or correct a mistaken legal impression about consent for a range instruction) thereby limiting appellate review, and the jury's awards, while high, were not so inordinately high as to warrant intervention.

Source excerpt

  • Duty of care
  • Highway traffic act s.139(1)
  • Jury instructions
  • Loss of guidance care and companionship
  • Appellate review of damages
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Tort 2001 BCCA 64

Bartucci v. Jormanainen

Court
British Columbia Court of Appeal

The Court of Appeal dismissed an appeal against a jury’s low non-pecuniary damages award, finding no error of principle and no basis to interfere.

  • Non-pecuniary damages
  • Causation
  • Credibility
  • Appellate review of damages
  • Jury findings
  • Personal-injury-damages
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Torts [1973] SCR 493

Stannard et al. v. Kidner

Court
Supreme Court of Canada

The Supreme Court of Canada upheld reduced personal injury damage awards, holding it would intervene only if the provincial appellate court made an error of principle or an exceptional error in quantum.

  • Quantum of damages
  • Appellate review of damages
  • Standard of review
  • Appellate-review-of-damages
  • Personal-injury-damages
  • Quantum-of-damages
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Tort [1968] RCS 177

Watt c. Smith

Court
Supreme Court of Canada

En matière de collision automobile, la Cour suprême confirme la faute commune du défunt, mais rétablit le principe de retenue en appel quant à l’évaluation des dommages.

  • Negligence
  • Contributory negligence
  • Quantum of damages
  • Wrongful death
  • Appellate review of damages
  • Contributory-negligence
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Torts [1968] SCR 71

Vana v. Tosta et al.

Court
Supreme Court of Canada

Appeal on damages from a fatal motor vehicle collision. The Court addressed nervous shock, pecuniary loss under The Fatal Accidents Act, and awards for a surviving husband and children.

  • Fatal accidents act
  • Assessment of damages
  • Nervous shock
  • Remarriage contingency
  • Pecuniary loss to dependents
  • Appellate review of damages
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Torts [1953] 1 SCR 244

Proctor et al. v. Dyck et al.

Court
Supreme Court of Canada

The Supreme Court of Canada restored trial-level damages in a Fatal Accidents Act claim, holding the children had a reasonable expectation of pecuniary benefit.

  • Fatal accidents act
  • Expectation of pecuniary benefit
  • Quantum of damages
  • Appellate review of damages
  • Fatal-accidents-act
  • Damages
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About this LexChat collection

Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.