What is the test for retaining or discharge of a jury in a medical malpractice case?

Ontario, Canada


The following excerpt is from Soldwisch v. Toronto Western Hospital et al., 1983 CanLII 1684 (ON SCDC):

Before doing that, we keep in mind that the essential question to be resolved is that posed by Evans J. A. in Majcenic v. Natale, supra, namely, will justice to the litigants in this case be better served by retention or discharge of the jury? We think that an important element in any answer to that question is which forum is more likely going to be able to comprehend, recollect, analyze and eventually weigh expert testimony on complex and highly technical scientific matters. It is essential to just determination of issues that the tribunal of fact be able to understand the case that the litigants are putting forward.

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