Arnold v. Teno

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Arnold v. Teno (Next friend of), [1978] 2 S.C.R. 287 is a leading tort case from the Supreme Court of Canada. This decision was part of a trilogy of personal injury cases including Andrews v. Grand & Toy Alberta Ltd. (1978) and Thornton v. Prince George School Board (1978).

On July 1, 1969, four year-old Diane Teno and her six year-old brother were crossing the street to get some ice cream from the ice cream truck parked on the other side when she was struck by a car driven by Brian Arnold. Teno was rendered severely brain damaged and sued Arnold for damages. At trial Teno was successful and was awarded damages. Arnold appealed the amount awarded.

The issue before the Court was whether the amount of award for damages was correct. The Court dismissed the appeal and upheld the original damage award.

Justice Spence, writing for the majority, observed that the purpose of the award in these circumstances is to ensure that Teno is properly cared for for the rest of her life. The sum of $7,500 per year was a "equitable" amount proposed by the Court.

Spence further qualified his decision by acknowledging the fear of overly generous awards for tortious acts stating that "the very real and serious social burden of these exorbitant awards has been illustrated graphically in the United States in cases concerning medical malpractice."