Thursday, February 2, 2012

Jury verdicts to be set aside rarely

Gutbir v. University Health Network, 2012 ONCA 66 is a sad case about medical negligence. As part of the decision the Court ruled on the standard to met setting aside a jury verdict:

[5]          It is well-established that a jury verdict may be set aside only if the verdict is "so plainly unreasonable and unjust as to satisfy the Court that no jury reviewing the evidence as a whole and acting judicially could have reached it": McCannell v. McLean, [1937] S.C.R. 341, at p. 343.  Where there is some evidence to support the verdict, a jury will be accorded a high degree of deference.

1 comment:

Anonymous said...

If the jury cannot justly reach a specific verdict then why have the trial in the first place?