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.

Other Questions


What is the test for setting aside a jury verdict in a trial where counsel's address to the jury is offensive or irrelevant to any issue properly before the jury? (Ontario, Canada)
After a jury has delivered its verdict, can a trial judge refuse to accept the verdict? (Ontario, Canada)
Can a motion judge strike a jury in a civil case because of the increased uncertainty in the Ottawa area due to the delay for any civil jury trial, in Ottawa? (Ontario, Canada)
Can a delay in obtaining a date for a civil jury trial constitute prejudice and justify striking out a jury notice? (Ontario, Canada)
What is the test for a jury to consider the defence in a jury trial? (Ontario, Canada)
When will a judge strike out a jury notice and discharge the jury? (Ontario, Canada)
Can a motion to strike the jury in a medical malpractice action be struck out after a jury has been struck out? (Ontario, Canada)
In a non-jury sexual assault action, in what circumstances will the judge and jury consider the issue of delay and prejudice? (Ontario, Canada)
What is the standard for appellate review of a jury verdict in a civil case? (Ontario, Canada)
What is the test for respect and respect for the jury's verdict in a personal injury case? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.