What is the test for determining an error in law on the part of the jury in a personal injury case?

British Columbia, Canada


The following excerpt is from Johnson v. Laing, 2004 BCCA 364 (CanLII):

Counsel for the appellant asserts: 1. that a verdict which is "perverse" or "inordinately low" is properly classified as an error of law on the part of the jury; 2. that no distinction can rationally be drawn between the jury verdict erroneous in law identified in ter Neuzen v. Korn, 1995 CanLII 72 (SCC), [1995] 3 S.C.R. 674, which the trial judge is empowered to deal with, and any other verdict which is an error in law; 3. that the true rule thus is that the trial judge can reject any verdict which does not meet the legal standard of reasonableness.

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