What is the test for refusing to give judgment in a sexual assault case?
Ontario, Canada
The following excerpt is from Cheung v. Samra, 2022 ONCA 195 (CanLII):
The trial judge could have refused to give judgment if she concluded that there was no evidence to support the finding of the jury, or if the jury gave an answer which cannot in law provide a foundation for judgment: Teskey v. TTC (2003), 3 C.P.C. (6th) 181, at para. 6.
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