What is the test to apply to consider whether irregular or improper proceedings at trial should result in the ordering of a new trial?
British Columbia, Canada
The following excerpt is from Knauf v. Chao, 2009 BCCA 605 (CanLII):
I have referred to Brophy v. Hutchinson in connection to the test to be applied to consider whether irregular or improper proceedings at trial should result in the ordering of a new trial when no objection was taken by the appellant at trial. One of the improprieties in that case was improper comments made by counsel in the opening statement to the jury. Chief Justice Finch said the following about opening statements:
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