What is the duty of an appellate court to sustain the verdict of a civil jury?
British Columbia, Canada
The following excerpt is from Atherton v. Maurice, 1998 CanLII 6508 (BC CA):
The duty of an appellate court to endeavour to sustain the verdict of a civil jury was referred to by Estey J. in Dube v. Labar, 1986 CanLII 67 (SCC), [1986] 1 S.C.R. 649, (1986) 27 D.L.R. (4th) 653. At 663-664 (S.C.R.) Estey J. said this: The paramount principle here operating is the duty residing in the court to sustain, so long as it be reasonable to do so, the jury's disposition of the issues without judicial intervention. The court is concerned, of course, at all times, with providing ultimate justice consistent with the principles of the law. Here, two routes lie open to a reviewing tribunal but in the selection of the appropriate route the paramount principle of support of a jury verdict governs.
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