Can a judge set aside an order of the judge ordering that damages be awarded in a personal injury case?
British Columbia, Canada
The following excerpt is from Warner v. Cousins, 2014 BCCA 29 (CanLII):
I respectfully conclude from these three areas of concern that the order of the judge must be set aside. While it is within our authority to substitute an award of damages as was done in Pett v. Pett, the issues required to be decided in this case do not lend themselves to that procedure. In my view the case should be remitted to the trial court for a new trial.
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