What is the effect of a judge directing a jury on a limit on non-pecuniary loss?
British Columbia, Canada
The following excerpt is from Dilello v. Montgomery, 2005 BCCA 56 (CanLII):
… A judge does not instruct a jury on questions which are academic in the circumstances. Judges endeavour to assist juries by giving them clear, relevant instructions. A judge will direct a jury on the policy with respect to a limit on non-pecuniary loss when there is a sense of reality to such a direction. A judge conducting a jury trial will know when an award for non-pecuniary loss may reasonably approach or exceed the limit and will warn the jury accordingly. (See also ter Neuzen v. Korn, 1995 CanLII 72 (SCC), [1995] 3 S.C.R. 674 at paras. 112-113.)
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