What authority does a trial judge have to exercise to alter his decision not to send a motion to the jury?
Saskatchewan, Canada
The following excerpt is from Robinson v. Town of Assiniboia, 1927 CanLII 115 (SK CA):
The circumstances under which such authority may be exercised by the trial Judge is discussed by eminent Judges in Skeate v. Slaters, Ltd. [1914] 2 K.B. 429, at p. 434, 83 L.J. K.B. 676, in which Lord Reading, C.J., delivers himself in part as follows: It was argued for the plaintiff that the learned judge, having left the case to the jury, could not subsequently alter his decision and enter judgment for the defendants. I do not agree with this contention. It is always open to a judge, if he thinks fit, to reconsider his decision that there was no case to go to the jury and to enter the judgment for the defendants if he is then of opinion that the plaintiff has failed to make a case against the defendants.
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