Friday, October 3, 2014

Judge refuses to enter "inconsistent" jury verdict

In a decision released on October 1, 2014, BC Supreme Court Justice G.P. Weatherill refused to enter a jury verdict in an ICBC case because the jury's verdict was internally inconsistent.

The jury found that the Plaintiff was entitled to special damages and wage loss, which could only arise if she was injured, but awarded nothing for pain and suffering.  Even if the jury found that the injuries were minor and transitory, the Judge felt that awarding no compensation was inconsistent with a finding that the injuries were sufficient to result in a wage loss.

Because of the provisions of the Rules of Court, the Judge was not free to substitute his own assessment of damages.

The decision can be found at:

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