Friday, May 18, 2012

Jury verdicts not to be lightly set aside

Morin c. The Gananoque Inn, 2012 ONCA 331 is a useful source for the, perhaps trite, law that a jury verdict will not be lightly set aside: [3] L’appelante prétend également que le juge de première instance devait écarter le verdict du jury. À notre avis, le juge de première instance n’avait aucun motif d’écarter le verdict du jury. Il y avait amples éléments de preuve à l’appui du verdict et celui-ci n’était pas déraisonnable. De plus, comme le verdict n’allait pas à l’encontre du poids de la preuve, nous ne pouvons pas conclure que le jury n’a pas bien compris son devoir ou qu’il a volontairement agi à l’encontre de ce devoir.

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