Is a failure by counsel to take exception to a jury address at the time of trial fatal?

Saskatchewan, Canada


The following excerpt is from Desjarlais v. Regina Qu'Appelle Regional Health Authority (Regina General Hospital), 2009 SKCA 55 (CanLII):

A failure by counsel to take exception to a jury address at the time of trial is not necessarily fatal. However, it is an important factor to consider in an appeal aimed at overturning a jury decision. See, for example: Brophy v. Hutchinson, 2003 BCCA 21 at paras. 49-53. III. Analysis

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