What is the test for a jury to overturn a verdict in a personal injury case?

Ontario, Canada


The following excerpt is from Cheung v. Samra, 2018 ONSC 3480 (CanLII):

In Stilwell v. World Kitchen Inc. the court discussed this precise issue and the comments at para. 34 are instructive: A jury’s verdict is entitled to a fair and liberal interpretation in light of the evidence and of the circumstances [citation omitted.] Answers by a jury should be given the fullest possible effect and supported, if possible, by any reasonable construction. A new trial should be ordered only where the jury seems to have confused the issues at trial, it is doubtful whether the jury paid attention to the real point in issue, and the questions answered or unanswered leave the real issue in doubt and ambiguity [citation omitted.]

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