Arnold v Teno facts for kids
Quick facts for kids Arnold v Teno |
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Hearing: June 16 and 17, 1977 Judgment: January 19, 1978 |
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Full case name | Wallace Arnold and Brian Arnold v. Diane Marie Teno, an Infant by her Next Friend Orville Teno, the Said Orville Teno and Yvonne Teno J.B. Jackson Limited and Stuart Galloway v. Diane Marie Teno, an Infant by her Next Friend Orville Teno, the Said Orville Teno and Yvonne Teno and Teno in her Capacity as Defendant to a Claim for Indemnity Yvonne Teno and Orville Teno (with Respect to the Claim of the Defendants for Contribution and Indemnity v. Wallace Arnold, Brian Arnold, J.B. Jackson Limited and Stuart Galloway and Diane Marie Teno, an Infant by her Next Friend Orville Teno and the Said Orville Teno |
Citations | [1978] 2 SCR 287 |
Prior history | Mixed judgment by the Court of Appeal for Ontario. |
Ruling | Appeal allowed in part. |
Holding | |
Various rulings made regarding damages for personal injury. | |
Court membership | |
Chief Justice: Bora Laskin Puisne Justices: Ronald Martland, Wilfred Judson, Roland Ritchie, Wishart Spence, Louis-Philippe Pigeon, Brian Dickson, Jean Beetz, Louis-Philippe de Grandpré |
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Reasons given | |
Majority | Spence J, joined by Laskin CJ and Judson and Dickson JJ |
Concurrence | Pigeon J, joined by Martland, Ritchie, and Beetz JJ |
Concur/dissent | de Grandpré J |
Arnold v Teno is an important legal case from the Supreme Court of Canada. It's about how much money someone should get if they are hurt because of someone else's actions. This case was one of three similar cases decided around the same time. The other two were Andrews v Grand & Toy Alberta Ltd (1978) and Thornton v Prince George School Board (1978).
The First Lawsuit (1974)
On July 1, 1969, a four-year-old girl named Diane Teno was crossing the street. She was going to get ice cream from an ice cream truck. Sadly, she was hit by a car driven by Brian Arnold. Diane was badly hurt and suffered serious brain injuries.
In 1974, Diane's family sued Brian Arnold. They asked for money to help pay for Diane's care and injuries. The court decided that Diane should receive money for the harm she suffered.
The Appeal (1978)
In 1978, Brian Arnold disagreed with the amount of money the court said he had to pay. So, he asked a higher court, the Supreme Court of Canada, to review the decision. This is called an appeal.
The main question for the Supreme Court was: Was the amount of money awarded to Diane fair and correct? The Court decided that the original amount was indeed correct. They said that the money was meant to make sure Diane would be properly cared for throughout her life. The Court suggested an amount of $7,500 per year. They felt this was a fair amount to help with her ongoing needs.
Why This Case Matters
Both the first lawsuit in 1974 and the appeal in 1978 are often mentioned in Canadian law. This case helped set rules for how courts decide how much money to award people who have been injured. It showed that courts want to make sure people who are hurt get the care they need.