Ontario Civil


Civil Practice and Procedure

Trials

Jury trial

New trial was not justified?

Appellant S was driving on two-lane road, when respondent N’s car in opposite lane was struck and pushed into S’s lane. S struck N’s vehicle. N brought action against S for negligence. At trial, N had settled claim against other driver and damages were agreed upon with S. Jury found S to be liable for accident. S claimed that jury’s verdict was unreasonable, as they held S to standard of perfection. S claimed that specifically inappropriate instruction was given, as to S’s speed while driving. S finally claimed that N’s counsel made inappropriate remarks, given that damages were not in issue. S appealed from finding of liability. Appeal dismissed. N’s trial counsel’s comments as to effects of accident on N and family were clearly improper. Trial judge charged jury, and explained that sympathy for N and family were not to play role in verdict. New trial was not justified based on any or all of grounds of appeal. ?

Norman (Litigation guardian of) v. van Meppelen Scheppink (2017), 2017 CarswellOnt 3209, 2017 ONCA 192, R.G. Juriansz J.A., David Brown J.A., and B.W. Miller J.A. (Ont. C.A.).

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