Supreme Court of Canada

Janke v. Holzer, [1982] 1 S.C.R. 281

Date: 1982-02-04

Heather Janke in her own behalf and as Administratrix of the Estate of Gunther Janke, deceased (Plaintiff, Respondent) Appellant;

and

Sylvia Holzer as Administratrix of the Estate of Lorne Alton Chambers, deceased (Defendant, Appellant) Respondent.

File no.: 16567.

1982: February 4.

Present: Martland, Ritchie, Dickson, Estey and McIntyre JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR ALBERTA

Damages—Fatal accident—Action by widow—Quantum—Multiplier principle of assessment—Probability of remarriage—Contingency deduction.

APPEAL from a decision of the Alberta Court of Appeal allowing an appeal from a judgment of Hetherington J. and reducing the award in an action for damages under The Fatal Accidents Act, R.S.A. 1970, c. 138. Appeal allowed.

T.F. McMahon, Q.C., and M.F. Casey, for the appellant.

Ronald L. Fenerty, for the respondent.

The judgment of the Court was delivered orally by

MARTLAND J.—We are all of the opinion that the reasons given in the judgment of the Court of Appeal for the reduction of the amount of damages awarded to the appellant by the trial judge cannot be supported. The appeal is allowed, the judgment of the Court of Appeal is set aside and the judgment at trial is restored. The appellant is entitled to her costs throughout.

Judgment accordingly.

Solicitors for the appellant: Atkinson, McMahon, Calgary.

Solicitors for the respondent: Lutz, Westerberg, O’Leary, Calgary.