Is the evidence in its entirety complete to permit a fresh assessment by this court in the event an award is found to be deficient or lacking?
Newfoundland and Labrador, Canada
The following excerpt is from Reid v. Joy, 1999 CanLII 19035 (NL CA):
Having reviewed the record, transcript, exhibits, etc., I am satisfied that in the event an award is found to be lacking, deficient, the evidence in its entirety is sufficiently complete to permit a fresh assessment by this court. To paraphrase the language of Hollis v. Dow, supra, it is in the interests of justice, and also feasible on a practical level, to conduct anew if necessary, an assessment of the damage awards and thus avoid ordering a new trial. Abatement: Prior Injury
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