What is the standard of care required by a jury in a personal injury case?

British Columbia, Canada


The following excerpt is from Rados v. Pannu, 2015 BCSC 453 (CanLII):

Having said this, I am prepared to address the merits of this application on a footing most favourable to the plaintiff; namely, that this case will oblige the jury to engage in a prolonged examination of a considerable number of medical reports and something of a scientific inquiry into the etiology of the plaintiff's symptoms, most significantly in relation to the question of whether he sustained a vestibular injury in the accident. In the context of personal injury cases, significant conflicts between the opinions of medical experts will generally require the jury to engage in a "scientific investigation" within the meaning of the rule: Sadowick v. Doobay, [1982] B.C.J. No. 447 (B.C.S.C.) at para. 12. In addition, I am prepared to proceed on the footing that the issues to be decided in this case are, viewed as a whole, relatively complex.

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