What is the test for dismissing a jury as a result of a media report?

To dismiss the jury as the result of a media report, the party seeking such an order must show there is a high probability that the effect of the publicity is to leave the jurors so “irreparably prejudiced” that a fair trial would be impossible. See: Phillips v. Nova Scotia (Commission of Inquiry into the Westray Mine Tragedy), 1995 CanLII 86 (SCC), [1995] 2 S.C.R. 97 (S.C.C.) at paras.128 and 129. In dismissing the appellant’s motion on this issue, the trial judge considered and properly applied this principle. Therefore, it cannot be said he erred. I would also dismiss the appeal on this issue.