What is the test for a judge to find that a jury can be found to have found a jury in a conflicting case?
Ontario, Canada
The following excerpt is from Elgner v. Elgner, 2010 ONSC 1578 (CanLII):
In order to satisfy the criteria under r. 62.02 (4)(a), “conflicting cases must present a difference in principle and not merely in outcome as a result of the exercise of discretion” (Thompson v. Kirk, [2009] O.J. No. 3222 (S.C.) at para. 14.
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