What is the test for the ability of juries to consider and deal with complex issues?

British Columbia, Canada


The following excerpt is from Li (Guardian ad litem of) v. Sandhu, 2006 BCSC 633 (CanLII):

Finally, as to the ability of juries to consider and deal with complex issues, I note the remarks of Madam Justice MacKenzie in dismissing a similar application in MacKinnon v. Ebner, [1997] B.C.J. No. 364 (S.C.). She said the following: 24 ...A reasonably informed and intelligent jury is as capable of assessing expert evidence as a single judge. It is up to counsel to ensure it is presented so that the jury can understand it. Indeed, the very purpose of expert evidence is to assist laypeople to understand technical evidence. ... 26 Juries are sophisticated enough today that, with the assistance of counsel and instructions of the trial judge, they will not find this expert beyond their abilities to comprehend, retain and apply in the case before it.

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