How frequently do jurors conduct their own research of the
issues involved in a trial, despite being instructed to not do so?
We will never fully know the answer to this.
As the Ontario Court of Appeal's decision in Patterson v.
Peladeau, 2020 ONCA 137, shows, improper research by jurors
does happen.
The plaintiffs appealed the trial judge's dismissal of
motions to strike the jury and to declare a mistrial in a motor
vehicle personal injury action. The motions arose from a juror
improperly conducting an internet search.
The jury foreperson revealed that he had found a statutory
provision on an Ontario government website on the weekend at the
beginning of the deliberations and shared it with the other jurors.
The statutory provision, which dealt with fault for automobile
accidents, was irrelevant and inapplicable to the case. However, if
it did apply, it could impact the apportionment of liability.
