What is the test for a jury to award damages in a personal injury case?
Ontario, Canada
The following excerpt is from Mandel v. Fakhim, 2018 ONSC 7580 (CanLII):
The court will only interfere with a jury’s award for damages where it is so grossly out of proportion to the negligence as to shock the court’s conscience and sense of justice: Hill v. Church of Scientology, 1995 CanLII 59 (SCC), [1995] 2 S.C.R. 1130, 126 D.L.R. (4th) 129 at para. 159. Issue 1: Did the trial judge err in failing to properly instruct the jury regarding the law of temporal causation?
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