What is the proper way to instruct a jury in a personal injury case?

While each issue alone in this case could be decided by a jury properly instructed, that is not the proper way to consider this matter. First of all, the judge will have a difficult task in forming the charge on this novel point of law. The trial judge will, I believe, need time to properly consider all of the authorities as well as the facts to determine what law would be applicable. In Edwards v. Mutual Life Assurance Company of Canada, Mr. Justice Hutcheon said at p. 272: Because it is a novel point of law, no trial judge ought to be required to instruct a jury without the full opportunity to consider whether, in this province, the claim is sustainable. If a trial judge is required to make that decision for the first time in the midst of the trial, the opportunity is best described as fleeting, not full.