What is the test for substituting a jury's verdict?

Ontario, Canada


The following excerpt is from Fang v. Farkas, 2008 CanLII 6195 (ON SC):

The law is clear that once a jury has rendered its verdict, the ability of a trial judge to intervene and substitute his or her own decision is very narrow. It can only happen where the trial judge concludes that there is no evidence to support the finding of the jury or where the jury gives an answer to a question that cannot in law provide a foundation for the judgment: Teskey v. Toronto Transit Commission, [2003] O.J. No. 4546.

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