



COURT OF APPEAL FOR ONTARIO

CITATION: Zambo v. 848875 Ontario Inc. (Garys No Frills),
    2019 ONCA 499

DATE: 20190614

DOCKET: C64770

Lauwers, Fairburn and Nordheimer JJ.A.

BETWEEN

Valeria Zambo

Plaintiff
(Appellant)

and

848875 Ontario Inc. c.o.b. as Garys 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
)

Karl Arvai, for the appellant

Thomas J. Donnelly, for the respondents

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 jurys 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
    plaintiffs 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 appellant costs
    fixed at $12,000 as agreed.

P.
    Lauwers J.A.
Fairburn J.A.

I.V.B. Nordheimer J.A.


