What is the test for a jury to determine damages in a personal injury case?
British Columbia, Canada
The following excerpt is from Ferguson v. Lush, 2003 BCCA 579 (CanLII):
In Hill v. Church of Scientology of Toronto, 1995 CanLII 59 (SCC), [1995] 2 S.C.R. 1130 at 1194 it was said as follows: Jurors are drawn from the community and speak for their community. When properly instructed, they are uniquely qualified to assess the damages suffered by the plaintiff, who is also a member of their community. [… I]t is often said that the assessment of damages is “peculiarly the province of the jury”. Therefore, an appellate court is not entitled to substitute its own judgment as to the proper award for that of the jury merely because it would have arrived at a different figure.
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