What is the legal test for determining the quantum of damages in a personal injury action?
British Columbia, Canada
The following excerpt is from MacNevin v. Vroom et al, 2005 BCSC 1329 (CanLII):
Following Foreman, supra, Mr. Justice Smith, in Boyd v. Harris, (2004) 24 B.C.L.R. (4th) 155, 2004 BCCA 146, stated at ¶30: The amount of damages is a question of fact in every case. The upper limit, on the other hand, is a matter of law and policy, of which a jury should not be told except in cases where the trial judge expects that they might assess damages in an unlawful amount.
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