Grewal v. Grewal

Grewal v. Grewal

The application for a mistrial was dismissed because the complaints amounted to alleged judicial error rather than deprivation of a fair trial, no new evidence was admitted without safeguards, all parties had opportunity to participate in re-opening and accounting, and the substantial cost and delay of a new trial...

Source-derived case information.

Citation
2013 BCSC 1070
Parties
Plaintiff (docket S110167); Defendant (dockets S112878, S120621): Harbans Singh Grewal; Defendant (docket S110167): Harminder Singh Grewal; Defendant (docket S110167); Plaintiff (docket S112878); Defendant (docket S120621): Zora Singh Grewal; Plaintiff (docket S112878): Harinderpaul Kaur Grewal; Defendant (docket S112878); Plaintiff (docket S120621): Jasbir Kaur Grewal; Defendant (docket S112878): Prabvir Singh Grewal
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
17 June 2013
Procedural Posture
Civil (family/property Dispute; Partition/sale; Accounting) / Post Trial Application for Mistrial Following Judgment and Subsequent Accounting Rulings
Outcome
Application for mistrial dismissed.
Legal Topics
Mistrial, Judicial Reasons, Reopening of Issues, Accounting, Joint Family Economic Unit, Unjust Enrichment, Appeal
Source Language
english
Family Law Civil Procedure Property Law Equity Mistrial Judicial Reasons Reopening of Issues Accounting +3 more

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Parties

Harbans Singh Grewal

Plaintiff (docket S110167); Defendant (dockets S112878, S120621)

Harminder Singh Grewal

Defendant (docket S110167)

Zora Singh Grewal

Defendant (docket S110167); Plaintiff (docket S112878); Defendant (docket S120621)

Harinderpaul Kaur Grewal

Plaintiff (docket S112878)

Jasbir Kaur Grewal

Defendant (docket S112878); Plaintiff (docket S120621)

Prabvir Singh Grewal

Defendant (docket S112878)

Procedural Posture

Civil (family/property Dispute; Partition/sale; Accounting) / Post Trial Application for Mistrial Following Judgment and Subsequent Accounting Rulings

Legal Issues

  1. 1 Whether a mistrial should be declared because initial oral and written reasons were insufficient and later rulings contradict earlier rulings
  2. 2 Whether re-opening issues after judgment without procedural safeguards requires retrial
  3. 3 Whether any party suffered prejudice or a miscarriage of justice requiring retrial

Ratio Decidendi

The application for a mistrial was dismissed because the complaints amounted to alleged judicial error rather than deprivation of a fair trial, no new evidence was admitted without safeguards, all parties had opportunity to participate in re-opening and accounting, and the substantial cost and delay of a new trial made retrial inappropriate; therefore no miscarriage of justice was shown and the application was without merit.

Court Disposition

Application for mistrial dismissed.

Orders

  • Application for mistrial dismissed.