What is the case law on substitute her verdict for that of the jury?
British Columbia, Canada
The following excerpt is from Sinclaire v. Collins, 2006 BCCA 291 (CanLII):
In this regard it is appropriate to refer to the reasons for judgment of Madam Justice Gill on the motion that came before her to substitute her verdict for that of the jury. In doing so I refer to the comments of Madam Justice Southin in Johnson v. Laing (2004), 242 D.L.R. (4th) 48, 2004 BCCA 364, where she noted that “it was most helpful to have the learned trial judge’s opinion.” In that case it was as to the reasonableness of the verdict, but I find it equally helpful in the case at bar in assessing the evidence.
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