Can a jury continue to ask for particulars of its findings?

The interveners take opposing positions on whether it is appropriate to continue to ask a jury to provide particulars of its findings. The practice of asking for particulars began with the observations made in ter Neuzen v. Korn, 1995 CanLII 72 (SCC), [1995] 3 S.C.R. 674. In that case, the jury verdict was inscrutable, in the sense that the answer did not reveal whether the jury used an unavailable legal route to find a breach of the standard of care. Sopinka J. suggested that to avoid this problem juries could “specify in what respects the defendant was negligent” in order to “reveal whether the jury has understood and applied the judge’s instruction that it must accept the standard practice as the legal standard against which the defendant’s conduct can be measured”: at para. 66.