What is the test for a trial judge to determine the outcome of a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Cyprus Anvil Mining Corp. v. Dickson, 1986 CanLII 811 (BC CA):
In Keizer v. Hanna, Dickson J. said at p. 351: It is, of course, true that a trial judge must consider contingencies tending to reduce the ultimate award and give those contingencies more or less weight. It is equally true there are contingencies tending to increase the award to which a judge must give due weight. At the and of the day the only question of importance is whether, in all the circumstances, the final award is fair and adequate.
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