Majority
The judgment of the Court was delivered orally by
MARTLAND J.
MARTLAND J.—We are all of the opinion that this appeal should be allowed. The reasons given by the Court of Appeal for reducing the amount of damages awarded at trial do not, in law, warrant such reduction. This Court in Andrews et al. v. Grand & Toy Alberta Ltd. et al.[1], at p. 235, stated that an appellate court is not justified in substituting a figure of its own for that awarded at trial unless it is satisfied that a wrong principle of law was applied or that the overall award is a wholly
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erroneous estimate of damages. The Court of Appeal has found that the trial judge was clearly aware of the principles to be applied. It did not find the award at trial to be wholly erroneous, but merely expressed the view that it was “on the high side”. It substituted its own estimate for that of the trial judge. In so doing, it erred.
The appeal is allowed, the judgment of the Court of Appeal is set aside and the judgment at trial is restored. The appellants are entitled to costs in this Court and in the Courts below.
Appeal allowed with costs.
Solicitors for the appellants: Parker & Wylie, Vancouver.
Solicitors for the respondents: Thompson & McConnell, Vancouver.
Footnotes
- [1] [1978] 2 S.C.R. 229.