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Decisions matching the current search
The Court of Appeal ordered a new trial on liability after finding the jury was not properly instructed on drivers’ legal duties in a rear-end collision case.
Costs ruling after a jury trial: the plaintiff was awarded costs for the whole proceeding because rejecting the defendants’ $110,000 offer was not unreasonable.
The Supreme Court of Canada allowed the Crown appeal and ordered a new trial on all charges after finding trial errors in sexual assault-related cross-examination and rebuttal evidence rulings.
The court held that the defendant’s jury notice for the second action was a nullity because the actions were to be tried together and the first action had not preserved a jury trial.
Application to strike a jury notice in a personal injury action was dismissed. The court held the medical causation and expert evidence issues were not too complex for a jury.
The court held that affidavits from the plaintiff and his solicitor put intention and counsel’s alleged inadvertence in issue, implying a limited waiver of privilege.
Because the court was not confident the trial could be organized with the precision required and concluded the trial would likely end in a mistrial or near-mistrial, the judge exercised discretion to convert the jury trial to a judge alone trial to avoid imposing an unreasonable burden on jurors and to preserve the integrity and efficiency of the proceeding.
Source excerpt
The court discharged the jury after finding plaintiff’s opening remarks in a civil trial were inappropriate and inflammatory, and ordered the case to continue judge alone.
The court granted an extension of time to file and serve a jury notice, finding cogent evidence that the litigation guardian was never told of the jury option.
The court granted a short adjournment of a jury trial so the plaintiff could undergo surgery and rehabilitation before trial, finding that justice favored postponement.
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