In what circumstances will a judge order a new trial in a case where a jury has given conflicting answers?
British Columbia, Canada
The following excerpt is from Cahoon v. Brideaux, 2008 BCSC 360 (CanLII):
In LeBlanc v. Penticton (City) (1981), 28 B.C.L.R. 197 (B.C.C.A.), Taggart J.A. with whom Lambert J.A. agreed, said at para. 20: 20 ... It will be apparent from a reading of subrule (2) that it is applicable where: first, a jury answers some but not all of the questions directed to it; and, second, the answers are conflicting. Clearly governing the second instance are the words: "so that judgment cannot be pronounced on the findings". It seems to me that those words limit the circumstances in which a judge may act in cases of conflicting answers. In effect the rule means that it is not in every case where there are conflicting answers that a court may order a new trial, but only in those where because of the conflicting answers "judgment cannot be pronounced on the findings".
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