How does a judge assess damages in a personal injury case?
Saskatchewan, Canada
The following excerpt is from Rieger et al. v. Burgess et al., 1986 CanLII 3360 (SK QB):
Where a trial is before a judge alone, he may speak in terms of what is fair and reasonable, but he can go to the underlying definition of those terms because other cases are available to him. “(Judges) assess the damages. They see, so far as they can, that like sums are given for like injuries. They set the standard for awards. Hence there is uniformity of decision. Ward v. James at p. 572.”
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