Can a jury second guess the jury’s verdict?

Ontario, Canada


The following excerpt is from Jones v. Niklaus, 2008 ONCA 504 (CanLII):

Counsel is asking us to second guess the jury. The jury did not accept the appellant’s evidence that the dog charged the car. While eighteen seconds is a long time, as already stated, this court cannot interfere with the jury’s verdict unless we conclude “it 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.” See McLean v. McCannell, supra at 343. While there is a certain attractiveness to counsel’s argument, I simply cannot conclude that the jury’s verdict is so plainly unreasonable and unjust that it could not have reached it, acting judicially.

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