What is the test for a motion for a mistrial in a personal injury case?
British Columbia, Canada
The following excerpt is from Glover v. Leakey, 2016 BCSC 1624 (CanLII):
The trial judge did not enter the judgment and approximately one month later heard the plaintiff’s application for a mistrial. He declared a mistrial, relying on de Araujo v. Read, 2004 BCCA 267, where Mr. Justice Thackray observed at para. 68: “a new trial may be ordered where the trial irregularities may have influenced the verdict or award of the jury…” (at para 13).
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