Jury trial refers to the trial of an action before a jury that determines the facts and delivers the verdict. In Ontario medical malpractice litigation the jury is most often requested by the defence, and whether a case is tried by judge alone or with a jury can significantly affect strategy, the presentation of expert evidence, and the conduct of the trial.
Issues that recur in this context include motions to strike a jury notice, the framing of the questions put to the jury, the adequacy of the trial judge’s charge on standard of care and causation, and the limited reasons a jury verdict provides, which shapes the grounds available on appeal. The role of the civil jury has also been the subject of continuing procedural debate in the province.
Posts tagged Jury Trial analyze Ontario decisions involving the use and conduct of juries in medical malpractice and related civil litigation.
Ontario mid-trial ruling adopts but-for phrasing for jury causation questions in delayed diagnosis aneurysm case but declines to require jurors to give reasons.
A defence motion to strike a jury notice was dismissed in a complex BC birth injury case involving 31 expert reports and 35 anticipated witnesses.
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