In what circumstances will a jury be entitled to a re-assessment of an award for damages from a defendant who made an inflammatory address?
British Columbia, Canada
The following excerpt is from De Araujo v. Read, 2004 BCCA 267 (CanLII):
In his concurring reasons in Ross v. Lamport, 1956 CanLII 7 (SCC), [1956] S.C.R. 366 at 375, 2 D.L.R. (2d) 225 at 233, Rand J. said: An inflammatory address, in the proper understanding of that expression, is sufficient in itself to call for a re-assessment unless, among other things, it can be said that the amount awarded demonstrates that the jury could not have been influenced by it.
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