What is the test for determining whether a jury can reasonably have reached a verdict in a personal injury case?
British Columbia, Canada
The following excerpt is from R. v. Henry, 2010 BCCA 462 (CanLII):
At para. 36 of her reasons, Arbour J. stated the test as given in Yebes by McIntyre J. at p. 185. He had repeated the test as stated by Pigeon J. in Corbett v. The Queen, 1973 CanLII 199 (SCC), [1975] 2 S.C.R. 275, at p. 282: “The function of the court is not to substitute itself for the jury, but to decide whether the verdict is one that a properly instructed jury acting judicially, could reasonably have rendered.”
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