What is the test for an appeal court to award damages to the Church of Scientology?
Ontario, Canada
The following excerpt is from Reece v. Rumney et al, 2012 ONSC 780 (CanLII):
[21] With respect to damages, the assessment of damages is peculiarly within the province of the jury. An appellate court is not entitled to substitute its own judgment as to the proper award for that of the jury merely because it would have arrived at a different figure. Hill v. Church of Scientology of Toronto, [1995] 2. S.C.R. 1130. (SCC)
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