What is the legal test for giving a jury instructions on the rough upper limit of non-pecuniary damages in a catastrophic injury case?
British Columbia, Canada
The following excerpt is from Thom v Canada Safeway Limited, 2014 BCSC 2697 (CanLII):
The nearest analogue to this situation, in terms of instructions to a jury, is the case law on the instruction of juries on the rough upper limit of non-pecuniary damages in catastrophic injury cases. In particular, in Ter Neuzen v. Korn, 1995 CanLII 72 (SCC), [1995] 3 S.C.R. 674 [Ter Neuzen], the decision of Sopinka J. sets out the circumstances in which a jury should receive instruction. He said:
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