DATE: 20030926
DOCKET: C38600
COURT OF APPEAL FOR ONTARIO
RE:
LOUISE PLOURDE, KURTIS PAUL PLOURDE-RIDEOUT, by his Litigation Guardian, Louise Plourde, RACHEL LOUISE PLOURDE-RIDEOUT, by her Litigation Guardian, Louise Plourde, VICTOR RIDEOUT, EDNA RIDEOUT, LILIA COX, personally and as Estate Trustee of Paul Rideout, deceased, and JO ANN BRAIDWOOD (Plaintiffs/Respondents) –and– DOUGLAS STEELE and SCHNEIDER NATIONAL CARRIERS INC. (Defendants/Appellants)
BEFORE:
ABELLA, MOLDAVER and SHARPE JJ.A.
COUNSEL:
Lee Samis and David A. DiLella,
for the defendants/appellants
David Stockwood, Q.C. and Luisa J. Ritacca
for the plaintiffs/respondents
HEARD AND ENDORSED:
September 24, 2003
On appeal from the judgment of Justice Linda M. Walters of the Superior Court of Justice, sitting with a jury, dated June 13, 2002.
A P P E A L B O O K E N D O R S E M E N T
[1] Both parties acknowledge that the damages awarded by the jury were so high as to justify our intervention. Based on the helpful submissions of counsel, on the evidence of the experts and of the family’s circumstances, and given the ranges usually awarded for non-pecuniary damages, we would substitute the following awards:
PECUNIARY
NON-PECUNIARY
Kurtis Plourde-Rideout
$20,000
$55,000
Past loss 7,100
Rachel Plourde-Rideout
31,000
55,000
Past loss 7,100
Louise Plourde
46,000
Victor Rideout
Past and future 7,500
30,000
Edna Rideout
Past and future 7,500
30,000
Vilia Cox
15,000
Jo Anne Braidwood
15,000
Estate of Paul Rideout
20,000
[2] We do not read the decision of this court in Padfield v. Martin as requiring us to consider the offers to settle in assessing the damages, and, in the circumstances of this case, do not feel it would be appropriate to do so.
[3] Accordingly, the appeal is allowed, and the damages are varied in accordance with these reasons. On consent, there will be no order for costs.