Friday, January 14, 2011

Objections to charge essential if appeal rights are to be maintained

Nicholson v. Whan, 2011 ONCA 28 is a useful source for the principle that objections must be taken to a charge in order to preserve appeal rights:

[4] Concerning the alleged inadequacy of the trial judge's instructions, none of the issues raised on appeal were the subject of objections at trial. As this court said in Rizzi v. Mavros, [2008] O.J. No. 935, at para. 38, the absence of objection suggests that the issue was not seen as central to the jury's deliberations. Particularly in the absence of the closing addresses to the jury, and given the manner in which the trial judge framed the positions of the parties, we are not persuaded that the alleged inadequacies would have had any impact on the jury's deliberations.

No comments: