Can a court of appeal alter a non-pecuniary loss award made at trial?
Nova Scotia, Canada
The following excerpt is from Kern v. Steele, 2003 NSCA 147 (CanLII):
A court of appeal is not to alter a damage award made at trial unless it concludes that there was no evidence upon which the trial judge could have reached the conclusion he did, or he proceeded upon a mistaken or wrong principle, or where the result at trial was wholly erroneous: Woelk v. Halvorson (1980), 1980 CanLII 17 (SCC), 114 D.L.R. (3d) 385 (S.C.C.) at p. 388. Non-Pecuniary Loss
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