Court File and Parties

Citation: Wedekind v. Leader, 2008 ONCA 332

Date: 20080430

Docket: C46318

Court of Appeal for Ontario

Laskin, Simmons and Juriansz JJ.A.

Between:

Jason Wedekind

Plaintiff (Appellant)

And

Rose Leader

Defendant (Respondent)

Counsel:

Robert J. Hooper for the appellant

C. Kirk Boggs for the respondent

Heard and endorsed: April 29, 2008

On appeal from the judgment of Justice Joseph C. Scime of the Superior Court of Justice, sitting with a jury, dated October 25, 2006.

Appeal Book Endorsement

[1] We did not call on the respondent on the appellant’s submission on causation. In our view the trial judge’s instructions on causation did not prejudice the appellant.

[2] However, the jury’s answers to question 2 and 3 are inconsistent, and render its award of zero for general damages perverse. We think that the appropriate remedy is to exercise our power under section 119 of the Courts of Justice Act, and fix general damages. Bearing in mind the jury’s answers to the other questions and its obvious adverse view of the plaintiff’s credibility, we assess general damages at the figure suggested by the respondent in its factum, $35,000.

[3] Accordingly, the appeal is allowed and judgment is granted to the appellant in the amount of $35,000 (less a $15,000 deductible) plus pre-judgment interest in accordance with the Court of Justice Act. The appellant is entitled to its costs of the appeal in the agreed amount of $25,000. The costs of the trial are remitted to the trial judge.