Fanjoy v. Keller, (1973) 6 N.B.R.(2d) 273 (SCC)

• Judge: Judson, Ritchie, Spence, Pigeon and Laskin, JJ.
• Court: Supreme Court (Canada)
• Case Date: March 06, 1968
• Jurisdiction: Canada (Federal)
• Citations: (1973), 6 N.B.R.(2d) 273 (SCC)

Fanjoy v. Keller (1973), 6 N.B.R.(2d) 273 (SCC);

    6 R.N.-B.(2e) 273

MLB headnote and full text

Sommaire et texte intégral

Fanjoy v. Keller

Indexed As: Fanjoy v. Keller

Répertorié: Fanjoy v. Keller

Supreme Court of Canada

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

May 7, 1973.

Summary:

Résumé:

This case arose out of a claim for damages for personal injuries arising out of a motor vehicle accident. A 53 year old medical specialist suffered severe soft tissue injuries to the cervical spine. The accident occurred on March 6, 1968 and medical evidence indicated that he could expect pain and restriction of movement for a period of 6 years from the day of the accident. The plaintiff doctor specialized in otolaryngology and over the years had developed a facility for three special operations - first, an operation to treat a condition marked by facial paralysis; second, an operation for cancer of the larynx; and third, the treatment of fractures of the facial bones. Following the accident the doctor was unable to perform these operations and even when fully recovered he will have difficulty in reacquiring the necessary skills. The trial court awarded the doctor $25,000.00 general damages for personal injuries. The New Brunswick Court of Appeal reduced the general damage award from $25,000.00 to $12,000.00 - see 5 N.B.R.(2d) 46. The Supreme Court of Canada allowed the appeal and restored the general damage award of $25,000.00 made by the trial court.

The Supreme Court of Canada stated that the reduction of the award from $25,000.00 to $12,000.00 was unreasonable having regard to all of the evidence. The Supreme Court of Canada noted the desire of the New Brunswick Court of Appeal to bring the award more in line with "comparable cases" but noted that the Court of Appeal did not refer to any comparable cases.

Ritchie and Judson, JJ., dissenting, would have dismissed the appeal and would have affirmed the judgment of the Court of Appeal.

Damage Awards - Topic 178

Neck injury - Severe soft tissue injury to cervical spine caused by whiplash - 53 year old medical specialist - Pain and restriction of movement expected to continue for 6 years from the date of the accident - Impairment of earning capacity - The Supreme Court of Canada awarded the plaintiff doctor $25,000.00 general damages for personal injuries.

Damages - Topic 1420

Special damages - Loss of professional income - Medical specialist - The Supreme Court of Canada stated that because the annual earnings of a self-employed or professional man fluctuate, a court must make an award for loss of income based upon an estimate of the loss - Paragraph 6.

Cases Noticed:

Gorman v. Hertz, [1966] S.C.R. 13, folld.

Hood v. Hood, [1972] S.C.R. 244, folld.

Pratt v. Beaman, [1930] S.C.R. 284, folld.

Widrig v. Strazer et al., [1964] S.C.R. 376, folld.

Counsel:

E.N. McKelvey, Q.C., and L.E. Clain, for the appellant;

J.T. Jones, Q.C., for the respondent.