Janke v. Holzer

[1982] 1 SCR 281 Court SCC Decision date 1982-02-04 Docket 16567 English

PartiesHeather Janke in her own behalf and as Administratrix of the Estate of Gunther Janke, deceased (Plaintiff, Respondent) Appellant·Sylvia Holzer as Administratrix of the Estate of Lorne Alton Chambers, deceased (Defendant, Appellant) Respondent

Counsel (4)

T.F. McMahon, Q.C., and M.F. Casey, for the appellant.
Ronald L. Fenerty, for the respondent.
Solicitors for the appellant: Atkinson, McMahon, Calgary.
Solicitors for the respondent: Lutz, Westerberg, O’Leary, Calgary.

Judges Martland, Ronald; Ritchie, Roland Almon; Dickson, Robert George Brian; Estey, Willard Zebedee; McIntyre, William Rogers

Decision 4–1 Majority (4) · MARTLAND J. (1)

On appeal from Alberta

Subjects Torts

Contents

Majority

The judgment of the Court was delivered orally by

MARTLAND J.

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.