Third, the trilogy cases all concerned non-pecuniary awards made by trial judges. None of these cases discussed the possible application of the cap to jury awards, or the greater deference normally accorded to a jury’s findings of fact. In the non personal injury context a jury’s assessment of non-pecuniary damage is not subject to an upper limit, and is not varied “unless it shocks the conscience of the court” (Hill v. Church of Scientology, 1995 CanLII 59 (SCC),  2 S.C.R. 1130 at para. 163).
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