Savard v. Richard and Richard, (1979) 25 N.B.R.(2d) 45 (CA)

• Judge: Limerick, Ryan and Richard, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: March 02, 1979
• Jurisdiction: New Brunswick
• Citations: (1979), 25 N.B.R.(2d) 45 (CA)

Savard v. Richard (1979), 25 N.B.R.(2d) 45 (CA);

    25 R.N.-B.(2e) 45; 51 A.P.R. 45

MLB headnote and full text

Sommaire et texte intégral

Savard v. Richard and Richard

Indexed As: Savard v. Richard and Richard

Répertorié: Savard v. Richard and Richard

New Brunswick Court of Appeal

Limerick, Ryan and Richard, JJ.A.

March 2, 1979.

Summary:

Résumé:

This case arose out of the plaintiff's action against the defendants in negligence for damages for personal injuries. Liability was admitted and in a judgment reported 23 N.B.R.(2d) 491; 44 A.P.R. 491, the New Brunswick Court of Queen's Bench, assessed the plaintiff's damages for personal injuries. The defendants appealed.

The New Brunswick Court of Appeal dismissed the appeal and affirmed the damage award.

Damage Awards - Topic 178

Neck injuries - Whiplash type injury to cervical spine plus wrist fracture - Severe neck pain alleviated by major surgery 2.5 years after accident - 54 year old mother, writer and broadcaster - The New Brunswick Court of Appeal affirmed an award of $12,500.00 general damages for personal injuries - See paragraphs 1 to 12.

Damages - Topic 1543

General damages - Personal injuries - Pain, suffering, loss of amenities of life and other non-pecuniary damages - The New Brunswick Court of Appeal held that the upper limit of nonpecuniary damages for a totally disabled injury victim established by the Supreme Court of Canada in Andrews v. Grand and Toy Alberta Ltd., Thornton v. Board of School Trustees and Teno v. Arnold did not establish a scale from which all personal injury cases are to be measured - See paragraphs 1 to 12.

Practice - Topic 8802

Appeal - Duty of appeal court respecting damage award by trial judge - The New Brunswick Court of Appeal affirmed a damage award for personal injuries by a trial judge, where the award was not so inordinately high or low that it was erroneous - See paragraph 11.

Cases Noticed:

Nance v. B. C. Electric Railway Company [1951] A.C. 601, appld. [para. 4].

Andrews et al. v. Grand and Toy Alberta Ltd. et al. (1978), 19 N.R. 50; 8 A.P.R. 182; [1978] 1 W.W.R. 557; 83 D.L.R.(3d) 452; [1978] 2 S.C.R. 229, dist. [para. 4].

Thornton et al. v. The Board of School Trustees School District No. 57 et al. (1978), 19 N.R. 552; [1978] 1 W.W.R. 607; 83 D.L.R.(3d) 480; [1978] 2 S.C.R. 267, dist. [para. 7].

Teno et al. v. Arnold et al. (1978), 19 N.R. 1; 83 D.L.R.(3d) 609; [1978] 2 S.C.R. 287, dist. [para. 7].

Counsel:

Paul J. Godin and Margaret A. Jessop, for the appellants;

Irving Mitton, Q.C., for the respondent.

This case was heard on February 27, 1979, at Fredericton, N.B., before LIMERICK, RYAN and RICHARD, JJ.A., of the New Brunswick Supreme Court, Appeal Division.

On March 2, 1979, RICHARD, J.A., delivered the following judgment for the Appeal Division: