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AGB partner, Robert Trenker, obtains rare relief: appellate order overturning civil jury verdict based on unfairness

On March 19, 2024, the Court of Appeal for Ontario released its judgment in Jarvis v. Oliveira, 2024 ONCA 200, an appeal from a personal injury civil jury trial.

AGB partner, Robert Trenker, was retained by the plaintiffs to appeal the civil jury's verdict. Robert successfully obtained the rare relief of an order overturning the jury's verdict and and directing a new trial on the basis that the trial was unfair.

The judicial standard for overturning a jury verdict and directing a new trial is high: only where "some substantial wrong or miscarriage of justice has occurred" and only "where the interests of justice plainly require a new trial". As a result, this relief is rarely granted and challenging to obtain.

The Court of Appeal for Ontario's full reasons can be viewed here.