What is the test for reducing a jury award of damages in a personal injury case?
British Columbia, Canada
The following excerpt is from Li v. Sandhu, 2006 BCSC 949 (CanLII):
In ter Neuzen v. Korn, 1995 CanLII 72 (SCC), [1995] 3 S.C.R. 674, Sopinka J. said at para. 114: Whether the jury is or is not advised of the upper limit, if the award exceeds the limit, the trial judge should reduce the award to conform with the “cap” set out in the trilogy and adjusted for inflation. While a trial judge does not sit in appeal of a jury award, the trilogy has imposed as a rule of law a legal limit to non-pecuniary damages in these cases. It would be wrong for the trial judge to enter judgment for an amount that as a matter of law is excessive.
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