What is the test for determining that a verdict in a personal injury case is unreasonable?

Ontario, Canada


The following excerpt is from Lazare v. Harvey, 2008 ONCA 171 (CanLII):

In arguing that the verdict is unreasonable, the appellant relies on M.B. v. British Columbia, 2003 SCC 53 (CanLII), [2003] 2 S.C.R. 477 at para. 47, for the unchallenged principle that “an award for loss of earning capacity is intended to compensate for the loss of an asset, the capacity to earn.” [Emphasis in original.] The appellant also relies on Brown v. Golaiy (1985), 1985 CanLII 149 (BC SC), 26 B.C.L.R. (3d) 353 at para. 8 (S.C.), where the court listed relevant considerations in assessing a claim for loss of future income, including the following: a) Whether the plaintiff has been rendered less capable overall from earning income from all types of employment; b) Whether the plaintiff is less marketable or attractive as an employee to potential employers; c) Whether the plaintiff has lost the ability to take advantage of all job opportunities which might otherwise have been open to her, had she not been injured; and d) Whether the plaintiff is less valuable to herself as a person capable of earning income in a competitive labour market.

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