What is the test for challenging an award in a personal injury case where damages are awarded on the basis that it is inordinately high or inordinately low?
British Columbia, Canada
The following excerpt is from Tisalona v. Easton, 2017 BCCA 272 (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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