What is the test for unanimous verdicts in a civil case?
Ontario, Canada
The following excerpt is from R. v. Medwid, 2009 CanLII 24228 (ON SC):
Obviously, since jurors may arrive at a unanimous verdict for different reasons and on different theories of the case, as was made clear in Regina v. Thatcher, 1987 CanLII 53 (SCC), [1987] 1 S.C.R. 652, it becomes speculative and artificial to ascribe a single set of factual findings to the jury unless it is clear that the jury must have found those facts unanimously . So where, as in this case, an ambiguity exists, the trial judge is to consider the evidence and make his or her own findings of fact consistent with the evidence and the jury’s finding.
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