Court of Appeal for Ontario

Docket: C64770

Panel: Lauwers, Fairburn and Nordheimer JJ.A.

Parties

Between

Valeria Zambo Plaintiff (Appellant)

and

848875 Ontario Inc. c.o.b. as Gary's No Frills, 1843693 Ontario Limited, Riocan Holdings Inc. and John Doe Defendants (Respondent)

And Between

Valeria Zambo Plaintiff (Appellant)

and

TTKA Inc. c.o.b. as Clintar Landscape Management and John Doe Defendants (Respondent)

Counsel

Karl Arvai, for the appellant

Thomas J. Donnelly, for the respondents

Hearing and Decision

Heard and released orally: June 12, 2019

On appeal from: The judgment of Justice Johanne Morissette of the Superior Court of Justice, dated November 30, 2017.

Reasons for Decision

[1] The appellant appeals from a jury verdict that found that the respondents took "such reasonable care, in all the circumstances of the case, to see that the plaintiff was reasonably safe while on the premises" on which the appellant slipped and fell. The appellant submits that there was no evidence that would have supported that verdict.

[2] We disagree. The test for setting aside a jury's verdict is extremely high. It requires that the court conclude that the verdict is "so plainly unreasonable and unjust as to satisfy the Court that no jury reviewing the evidence as a whole and acting judicially could have reached it": Gutbir v. University Health Network, 2012 ONCA 66 at para. 5.

[3] The appellant has not met that test. The appellant essentially submits that the jury should have rejected the defence evidence in favour of the plaintiff's evidence. That decision was entirely within the purview of the jury. It is not for us to interfere and substitute our view of the evidence for that of the jury.

[4] The appeal is dismissed. The appellant will pay to the respondents costs fixed at $12,000 as agreed.

P. Lauwers J.A. Fairburn J.A. I.V.B. Nordheimer J.A.