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.).
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.).
