Does a judge have to consider a threshold motion before or after the jury's verdict?
Ontario, Canada
The following excerpt is from Ivens v. Lesperance, 2012 ONSC 4280 (CanLII):
In Clark v. Zigrossi, [2010] O.J. No. 4266, D.M. Brown J. explored the tension between a judge deciding a threshold motion either before or after the jury’s verdict. At para. 9 he stated: In light of the differing rules of judge and jury, the timing of the hearing of a threshold motion during a jury trial, takes on some significance. If the motion is heard and decided before the jury renders its verdict, then, one might argue, the jury has laboured for not. On the other hand, if the motion is heard and decided after the jury renders its verdict, might the judge be unduly influenced by the verdict?
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When will a motion to allow a jury to consider a motion for damages be heard before a jury? (Ontario, Canada)
What is the test for setting aside a jury verdict in a trial where counsel's address to the jury is offensive or irrelevant to any issue properly before the jury? (Ontario, Canada)
After a jury has delivered its verdict, can a trial judge refuse to accept the verdict? (Ontario, Canada)
In what circumstances will a court allow a threshold motion to be made after the jury has rendered its verdict in a personal injury case? (Ontario, Canada)
What is the effect of a motion judge's order of the motions judge on a support order? (Ontario, Canada)
How has the court considered a motion for leave to appeal a decision of the case conference judge staying a motion to change until outstanding costs have been paid? (Ontario, Canada)
In a non-jury sexual assault action, in what circumstances will the judge and jury consider the issue of delay and prejudice? (Ontario, Canada)
Can a motion judge strike a jury in a civil case because of the increased uncertainty in the Ottawa area due to the delay for any civil jury trial, in Ottawa? (Ontario, Canada)
What factors will a judge consider when deciding whether to grant a motion of no confidence? (Ontario, Canada)
Can a motion judge interfere with the analysis and conclusion of a judge's assessment of the nature of the expression? (Ontario, Canada)
