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Simon Shields, LLB

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Appeals - Jury Finding - Set Aside

El Ghafari v Treehuba (Ont CA, 2015)

In this case a civil jury apportioned liability 90%/10% between parties. On a motion to set aside this allocation the Court of Appeal stated the standard for so doing as follows:
[1] The appellant asks the Court to set aside the jury verdict apportioning liability 90% to the appellant and 10% to the respondent. The test for setting aside a jury verdict is very rigorous; see F.C. (Guardian of) v. 511825 Ontario Inc., 171 O.A.C. 119, 2003 CanLII 9990 (ON CA) at para. 44, where Cronk J.A. states:
The verdict of a jury in a civil case will not be set aside as against the weight of evidence unless it is so plainly unreasonable and unjust as to satisfy the appellant court that no jury, reviewing the evidence as a whole and acting judicially, could have reached it.

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