In what circumstances will a judge be bound by the findings of the jury in a motion of no confidence?
Ontario, Canada
The following excerpt is from Gilbert v. South et al., 2014 ONSC 2413 (CanLII):
In that regard, I certainly did not consider myself bound by any implied findings of the jury; for example, in relation to the significant credibility and causation issues raised at trial. As emphasized in Kasap v. MacCallum, supra, the legislation clearly indicates that a judge must decide such a threshold motion, despite the obvious potential for overlap between considerations underlying that determination and considerations a jury must address in reaching their decision.
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