What is the test for refusing to accept the verdict of a jury?
Ontario, Canada
The following excerpt is from Pinder v. Farmers’ Mutual Insurance Company (Lindsay), 2018 ONSC 2910 (CanLII):
A trial judge may refuse to accept the verdict of a jury only when she or he considers that there is no evidence to support the findings of the jury or where the jury gives an answer to a question which cannot in law provide a foundation for a judgment. Intervention is limited to verdicts bad in law or devoid of evidentiary support. (see Teskey v. Toronto Transit Commission, 2003 CarswellOnt 4452 par 6)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
After a jury has delivered its verdict, can a trial judge refuse to accept the verdict? (Ontario, Canada)
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)
When will a trial judge refuse to enter judgment in accordance with the jury’s verdict? (Ontario, Canada)
What are the grounds at common law for refusing to enter judgment in accordance with a jury verdict? (Ontario, Canada)
Can a jury second guess the jury’s verdict? (Ontario, Canada)
Does the Court of Appeal have the power to reverse the verdict of a jury? (Ontario, Canada)
Can a clerk refuse to accept the nomination papers of a candidate that is not eligible for election by virtue of his employment with the city? (Ontario, Canada)
What is the test for a jury to consider the defence in a jury trial? (Ontario, Canada)
When will the judge refuse to allow the evidence to be presented to the jury? (Ontario, Canada)
What is the standard for appellate review of a jury verdict in a civil case? (Ontario, Canada)
