The plaintiffs’ daughter was severely injured in a fire. The plaintiffs ultimately had to made the decision to remove her from life support given that she did not have brain activity. The plaintiffs sued the landlord of their daughter’s apartment for damages. At trial the jury awarded $250,000 in damages to each the mother and father for loss of care, guidance, and companionship; $250,000 to each of the mother and father for mental distress; and future care costs to each the mother and father of more than $150,000 (the total award was in excess of $1.3 million).
The landlord appealed on a number of grounds, including on the quantum of damages. The Court of Appeal dismissed the landlord’s appeal. With respect to damages, the Court of Appeal accepted that the quantum was supported by clear, expert evidence, and also detailed trial evidence from the parents. Based on the evidentiary foundation laid at trial, there was no basis on which to interfere with the damages awarded.