In what circumstances will a court exercise its discretion in deciding whether or not to grant damages to a plaintiff in a personal injury case?
Saskatchewan, Canada
The following excerpt is from Consumers' Co-operative Refineries Ltd. v. Taylor Instrument Companies of Canada Ltd., United Van Lines (Canada) Ltd. and Borisko Brothers Ltd., 1979 CanLII 2369 (SK QB):
In this respect Pollock, M.R., commented as follows at page 259 in Rosier v. Hilbery (supra): The jurisdiction is discretionary, and there is no question that in deciding whether or not it will exercise its discretion the court pays attention to a great number of matters, in particular it would pay attention to what is the forum conveniens. It would have regard to what is the substance of the matter that has to be decided.
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