What is the test for reviewing a jury’s award for reasonable notice?
Nova Scotia, Canada
The following excerpt is from Jessen v. CHC Helicopters International Inc., 2006 NSCA 81 (CanLII):
If, however, the determination of what constitutes reasonable notice is an assessment of damages, then the test for reviewing the jury’s award was that laid out in Hill v. Church of Scientology of Toronto, 1995 CanLII 59 (SCC), [1995] 2 S.C.R. 1130 at ¶ 161 and 162. The test then is “whether the verdict is so exorbitant or so grossly out of proportion . . . as to shock the court’s conscience and sense of justice.”
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