What is the test for ordering a new trial after a civil jury trial?

Ontario, Canada

The following excerpt is from Abdallah v. Snopek, 2008 CanLII 6983 (ON SCDC):

A new trial will only be ordered after a civil jury trial if the appellant has satisfied the court that this is necessary in order to avoid an injustice to one of the parties. As I have already stated above, this is particularly the case where counsel did not object at trial to the wrong which is the subject matter of the appeal. In this case, the question is whether the problems with the inflammatory jury address are "sufficiently serious to undermine the fairness of the trial or put the validity of the verdicts into real doubt": Rogacki v. Belz, at para. 22. In my opinion, that test is met. The nature of the statements made raise issues of prejudice and discrimination based on citizenship and/or nationality and/or [page792] racial origin. This is a source of concern for the proper administration of justice as well as for the fair protection of the equality rights of the plaintiff. In this context, the fairness of the trial is called into question.

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