What is the objectivity of a jury’s decision in a civil case?
British Columbia, Canada
The following excerpt is from Norske Skog Canada Limited v. Companhia de Navegaçao Norsul, 2007 BCSC 610 (CanLII):
In Beechinor v. Beechinor, 2004 ABQB 7 at ¶ 81, aff’d 2005 ABCA 196, Macklin J. stated that the objectivity is based on “what two reasonable businessmen would have intended. That is, how the ‘reasonable bystander’ or the ‘hypothetical onlooker’ view the actions of the parties in the context of whether they concluded an agreement”.
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