What is the test for a jury in a personal injury case?

British Columbia, Canada


The following excerpt is from Clower and Sexton v. Poeckert, 2007 BCSC 409 (CanLII):

I echo the words of Huddart J.A. in Scott v. Davies, [1996] B.C.W.L.D. 1109 (S.C.), where she said: No single issue is too difficult for a jury to decide. A trial judge could probably outline the issues and instruct the jurors on the law and their task, if he or she is given enough time to prepare the charge. But the plaintiff asks too much of a jury in this case. There is simply no way that even the best instructed jury could fairly analyze the evidence, find the basic facts, consider the medical opinions, draw the appropriate inferences, and reach conclusion on all of these issues within a reasonable period of time without derogating from the duty to the parties.

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