What is the test for reducing an award of damages from a jury in a personal injury case?

British Columbia, Canada


The following excerpt is from MacNevin v. Vroom et al, 2005 BCSC 1329 (CanLII):

Furthermore, in ter Neuzen v. Korn, 1995 CanLII 72 (SCC), [1995] 3 S.C.R. 674, [1995] S.C.J. No.79, Mr. Justice Sopinka stated the following at p. 726, ¶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. While it is true that the matter can be corrected on appeal, an appeal may be unnecessary if the correct amount is fixed at trial.

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