What is the impact of the views of a jury on a judge’s judgment?
British Columbia, Canada
The following excerpt is from Ferguson v. Lush, 2003 BCCA 579 (CanLII):
Mr. Justice Legg then referred to what was said by Morris L.J. in Scott v. Musial, supra at 438. Morris L.J. said “[t]he views of juries may form a valuable corrective to the views of judges.” Mr. Justice Gibbs, in his dissenting reasons in Cory v. Marsh, supra at 266, said: […] imposing trial judge awards as an appropriate measure of reasonableness negates the very purpose of a jury, to bring into the courtroom the standards and the common sense of the community.
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