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Foran v. Kapellas

[1975] 1 SCR 46 Court SCC Decision date 1973-12-21 English

PartiesMary E. Foran (Plaintiff) Appellant·Spyros Kapellas Respondents·Elizabeth L. Smith (Defendants) Respondents

Counsel (4)
Mary E. Foran, in person.
B. O’Brien, Q.C., for the respondents.
The plaintiff, appellant in person.
Solicitor for the defendants, respondents: Shearer & Coo, Toronto.

Judges Judson, Wilfred; Ritchie, Roland Almon; Spence, Wishart Flett; Laskin, Bora; Dickson, Robert George Brian

Delivered by Judgment of the Court — RITCHIE J.

On appeal from Ontario

Subjects Torts

Contents

Judgment of the Court — RITCHIE J.

The judgment of the Court was delivered by

RITCHIE J.—This is an appeal from a judgment rendered by Mr. Justice Aylesworth on behalf of the Court of Appeal for Ontario affirming the judgment rendered by Mr. Justice Henderson at trial whereby he awarded the appellant general damages in the amount of $12,000 and special damages of $5,859.58 in respect of injuries sustained in a motor vehicle accident which occurred on October 8, 1964, for which Spyros Kapellas was found to have been 100 per cent responsible.
The appellant, who appeared in person, sought to have the amount of damages increased so as to compensate her for a deterioration in her health and nervous condition after the year 1966 which the learned trial judge had expressly found not to be attributable to the accident.
After a careful consideration of the arguments presented by the appellant and counsel
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for the respondent, I have concluded that there is nothing which I can usefully add to the reasons for judgment delivered by Aylesworth J.A. on behalf of the Court of Appeal for Ontario, affirming the reasons and conclusion of the learned trial judge, with which I am in full agreement.
I would accordingly dismiss this appeal with costs.
Appeal dismissed with costs.
The plaintiff, appellant in person.
Solicitor for the defendants, respondents: Shearer & Coo, Toronto.