Nova Scotia Court of Appeal
Citation: Feser v. Candelora, 2021 NSCA 49
Date: 20210614
Docket: CA 498890
Registry: Halifax
Between:
Trevor Feser and Sonia Dadas
Appellants
v.
Dawna Michelle Candelora
Respondent
Restriction on Publication: ss. 5 and 8 of the
Intimate Images and Cyber-protection Act
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Judges: |
Bryson, Bourgeois, and Derrick, JJ.A. |
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Appeal Heard: |
June 14, 2021, in Halifax, Nova Scotia |
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Held: |
Appeal dismissed, per reasons for judgment of the Court |
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Counsel: |
Patrick Eagan, for the appellant William Leahey, for the respondent
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By the Court (Orally):
[1] Trevor Feser and Sonia Dadas appeal the damage decision of the Honourable Joshua M. Arnold whereby he awarded general, aggravated, and punitive damages against them for cyber-bullying in contravention of the Intimate Images and Cyber-Protection Act, S.N.S. 2017, c. 7 (2020 NSSC 177; liability decision 2019 NSSC 370).
[2] The appellants claim that the judge made numerous errors of law in awarding $50,000 in general damages, $20,000 in aggravated damages and $15,000 in punitive damages.
[3] Damage awards may only be disturbed where the appeal court is satisfied that there was no evidence upon which a trial judge could have reached a particular conclusion or where the judge proceeded upon a mistaken or wrong principle, or where the amount awarded is so inordinately low or so inordinately high that it must be an entirely erroneous estimate of damage (Woelk v. Halvorson, [1980] 2 S.C.R. 430 at pp. 435-436).
[4] Having carefully reviewed the record, the decision under appeal, the written submissions of the parties and the oral submissions on behalf of the appellants today, we are unanimously of the view that the judge did not err in law nor make any palpable or overriding error of fact in his assessment of damages.
[5] The appeal is dismissed with costs of $6,300.00 inclusive of disbursements payable to the respondent.
Bryson, J.A.
Bourgeois, J.A.
Derrick, J.A.