What is the test for overturning a jury verdict?

Ontario, Canada


The following excerpt is from Abdallah v. Snopek, 2008 CanLII 6983 (ON SCDC):

The principles governing appellate review of a jury verdict are well established. The verdict of a jury will not be set aside unless it is so plainly unreasonable and unjust as to satisfy the court that no other jury reviewing the evidence as a whole and acting judicially could have reached the same conclusion as the jury of first instance. Put otherwise, and as Charron J.A., as she then was, said in Burlie v. Chaesson, supra, at para. 7, "[t]he test, rather, is based on an examination of whether the evidence so preponderates against the verdict as to show it was unreasonable and unjust."

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