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 Judges: Bryson, Bourgeois, and Derrick, JJ.A.Appeal Heard: June 14, 2021, in Halifax, Nova ScotiaHeld: Appeal dismissed, per reasons for judgment of the CourtCounsel: Patrick Eagan, for the appellant William Leahey, for the respondent 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 inaggravated 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 judgecould have reached a particular conclusion or where the judge proceeded upon a mistaken or wrong principle, or where the amountawarded is so inordinately low or so inordinately high that it must be an entirely erroneous estimate of damage (Woelk v.

Halvorson, (SCC), [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 oralsubmissions on behalf of the appellants today, we are unanimously of the view that the judge did not err in law nor make any palpable oroverriding 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.