The appellants, husband and wife, appealed a decision of the Court of Appeal that reduced their damage awards from a motor vehicle accident.
The trial judge awarded the husband $30,000 in general damages for physical and severe emotional injuries, and the wife $10,000 for loss of consortium under s. 35 of the Domestic Relations Act.
The Court of Appeal reduced these to $15,000 and $100 respectively.
The Supreme Court of Canada allowed the appeal, holding that an appellate court cannot interfere with a trial judge's damage award unless there is a palpable error or wrong principle applied.
The Court also held that s. 35 created a new statutory cause of action for loss of consortium that should be assessed realistically, not trivially.
