What is the test for challenging an award for damages awarded by a jury in a personal injury case?
British Columbia, Canada
The following excerpt is from Morlan v. Barrett, 2012 BCCA 66 (CanLII):
As already mentioned, a trial judge’s assessment of damages is entitled to considerable deference. The approach to be taken when an award is challenged on the basis that it is inordinately high or inordinately low was discussed by Mr. Justice K. Smith in Marois v. Pelech, 2009 BCCA 286, 95 B.C.L.R. (4th) 243:
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