Decorby v. Wascana Winter Club, (1980) 3 Sask.R. 96 (CA)

Judge:Brownridge, Woods and Hall, JJ.A.
Court:Court of Appeal for Saskatchewan
Case Date:March 13, 1980
Jurisdiction:Saskatchewan
Citations:(1980), 3 Sask.R. 96 (CA)
 
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Decorby v. Wascana Winter Club (1980), 3 Sask.R. 96 (CA)

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Decorby v. Wascana Winter Club

(No. 7033)

Indexed As: Decorby v. Wascana Winter Club

Saskatchewan Court of Appeal

Brownridge, Woods and Hall, JJ.A.

March 13, 1980.

Summary:

This case arose out of a claim for damages for personal injuries arising out of the collapse of a roof of a skating rink. The defendant admitted liability. The trial judge sitting with the jury awarded the plaintiff $55,708. for general damages for nonpecuniary loss plus $115,228. for general damages for pecuniary loss. The defendant appealed to the Saskatchewan Court of Appeal.

The Saskatchewan Court of Appeal dismissed the appeal.

Brownridge, J.A., dissenting, in the Saskatchewan Court of Appeal, would have ordered a new trial on the ground that the damages were out of all proportion to the circumstances of the case.

Damage Awards - Topic 59

Body injuries - Pelvic fracture plus massive rupture of muscles at upper end of femur - 21 year old professional figure skating instructor - Permanent partial disability plus impairment of earning capacity - The Saskatchewan Court of Appeal affirmed a damage award of $55,708. for general damages for non-pecuniary loss plus $115,228. for general damages for pecuniary loss.

Damages - Topic 1543

General damages for personal injury - Non-pecuniary damages - The Saskatchewan Court of Appeal stated that the Supreme Court of Canada in the Andrews, Thornton and Arnold cases did not impose a limit of $100,000. for non-pecuniary damages - See paragraphs 11 and 12.

Practice - Topic 8802

Appeals - General principles - The Saskatchewan Court of Appeal referred to the duty of an appellate court regarding an assessment of damages by a trial judge sitting with a jury - See paragraph 4.

Practice - Topic 5193

Juries and jury trials - Charge to jury respecting case law - The Saskatchewan Court of Appeal stated that it would be improper to inform a jury (in a trial for damages for personal injuries) of an upper limit for nonpecuniary damages referred to by the Supreme Court of Canada in Andrews v. Grand and Toy Alberta Ltd. - See paragraphs 14 to 16 and 54 to 58.

Cases Noticed:

Nance v. British Columbia Electric Railway Company, [1951] 2 W.W.R.(N.S.) 665, refd to. [paras. 4, 41].

Andrews v. Grand & Toy Alberta Ltd., 8 A.R. 182; 19 N.R. 50; [1978] 2 S.C.R. 229; [1978] 1 W.W.R. 577, refd to. [paras. 12, 51].

Gray v. Alanco Developments Ltd. et al. (1967), 61 D.L.R.(2d) 652, refd to. [paras. 14, 54].

Ward v. James, [1965] 1 All E.R. 563, refd to. [paras. 14, 48, 54].

Davies v. Powell Duffryn Associated Collieries Limited, [1942] A.C. 601, refd to. [para. 41].

Gorman v. Hertz Drive Yourself Stations of Ontario Ltd. et al., [1966] S.C.R. 13, refd to. [para. 4].

McKay et al. v. Board of Govan School Unit No. 29 of Saskatchewan, et al. (1968), 64 W.W.R. 301, refd to. [para. 46].

G.T. Warren v. Gray Goose Stage Limited, [1938] S.C.R. 52, refd to. [para. 49].

Bisson v. Corporation of Powell River (1967), 62 W.W.R. 707, affirmed by the Supreme Court (1968), 64 W.W.R. 768, refd to. [para. 49].

Thornton v. Board of School Trustees District No. 57 (Prince George), 19 N.R. 552; [1978] 2 S.C.R. 267, refd to. [para. 51].

Arnold v. Teno, 19 N.R. 1; [1978] 2 S.C.R. 287, refd to. [para. 51].

Giesbrecht et al. v. L.V. Wolfe & Sons et al., [1944] 1 W.W.R. 634 at 639, affirmed [1945] S.C.R. 443, refd to. [para. 54].

Allan v. Bushnell T.V. Co. Ltd., [1969] 2 O.R. 6, refd to. [para. 54].

Scott v. Musial, [1959] 2 Q.B.D. 429, refd to. [para. 54].

Statutes Noticed:

Queen's Bench Act, R.S.S. 1978, c. Q-1, sect. 68(1) [para. 14].

Authors and Works Noticed:

Canadian Bar Review, Vol. 48, 1970, p. 565 [para. 54].

Counsel:

L.J. Billesberger, for the appellant;

E.J. Neufeld, for the respondent.

This appeal was heard by WOODS, BROWNRIDGE and HALL, JJ.A., of the Saskatchewan Court of Appeal. The judgment of the Saskatchewan Court of Appeal was delivered on March 13, 1980, and the following opinions were filed:

WOODS, J.A. - see paragraphs 1 to 8;

HALL, J.A. - see paragraphs 9 to 25;

BROWNRDIGE, J.A., dissenting - see paragraphs 26 to 60.

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