In what circumstances will a court allow a threshold motion to be made after the jury has rendered its verdict in a personal injury case?

The danger of threshold motions after the jury has rendered its verdict is, as has been indicated in Riley J.'s decision in Parks v. Peter, the possibility of inconsistent findings of fact by the trial judge and by the jury. If a jury has been selected as the trier of fact and if we are to preserve the jury system in civil cases in this Province, in my respectful view judges must take great care in avoiding interfering with findings of fact made by the jury which are implicit in their verdicts. Where the trial judge can infer what those findings of fact were, a jury verdict should not be interfered with, directly or indirectly, unless the rigorous test for setting aside a jury's verdict is met.