In addition to the wisdom of their collective life experience, a jury would bring to this action, as juries always do, a reflection of societal values. As Binnie J. wrote for the majority in Whiten v. Pilot Insurance Co., 2002 SCC 18 (CanLII), [2002] 1 S.C.R. 595, at para. 136, “One of the strengths of the jury system is that it keeps the law in touch with evolving realities, including financial realities.” In my view, this is an appropriate proceeding for a jury to apply “a healthy measure of common sense”, as prescribed by Dickson C.J. in Corbett, at p. 692, in order to make findings of fact and determine liability for the accident.
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