The unpredictable world of jury trials

Recent case involving IBM shows courts will defer to juries when it comes to fact-based issues, but will step in if the decision is unreasonable
By Stuart Rudner
|Canadian Employment Law Today

The recent decision of the Ontario Court of Appeal in

Sommerard v. I.B.M. Canada Ltd.

confirms that the appellate courts will defer to juries on fact-based issues such as whether or not just cause for dismissal existed or whether an employer acted in bad faith, but will interfere where jury decisions are unreasonable, such as where there is no possible basis for an award of aggravated or punitive damages.