Fanjoy v. Keller, [1974] S.C.R. 315 (1973)

Supreme Court of Canada

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Fanjoy v. Keller, [1974] S.C.R. 315 (1973)

Supreme Court of Canada

Fanjoy v. Keller, [1974] S.C.R. 315

Date: 1973-05-07

Roy W. Fanjoy (Plaintiff) Appellant;

and

Ronald Keller (Defendant) Respondent.

1973: February 7, 8; 1973: May 7.

Present: Judson, Ritchie, Spence, Pigeon and Laskin JJ.

ON APPEAL FROM THE SUPREME COURT OF NEW BRUNSWICK, APPEAL DIVISION

Damages-Personal injuries-Medical doctor suffering whiplash in collision between motor vehicles-Damages awarded to doctor reduced by appellate Court-Errors in principle-Judgment at trial restored.

The appellant, a 50-year-old medical doctor who specialized in otolaryngology, was involved in a motor vehicle accident in which the vehicle he was driving was struck from behind by a vehicle driven by the respondent. The appellant suffered personal injuries which were diagnosed as severe flexion extension injury, more commonly called whiplash. The trial judge held that the collision was solely due to the negligence of the respondent and that finding was not challenged either in the Appeal Division of the Supreme Court of New Brunswick or in this Court. The trial judge awarded to the appellant general damages in the sum of $25,000 and special damages in the amount of $8,015 including an amount of $7,861 for loss of income during the period up to the time of trial. The Appeal Division reduced the award for general damages to $12,000 and the award for loss of income to $5,000.

Held (Judson and Ritchie JJ. dissenting): The appeal should be allowed and the judgment at trial restored.

Per Spence, Pigeon and Laskin JJ.: The reduction of the award of general damages to $12,000 was unreasonable having regard to all of the evidence. Contrary to the opinion of the Court below, the symptoms disclosed by the appellant were not subjective. Also, there was no justification for the fixing of an amount of damages in this particular case which would bring it more in line with "comparable cases", and to attempt to do so...

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