Does a new trial need to be ordered?
British Columbia, Canada
The following excerpt is from Hamstra v. British Columbia Rugby Union, 1995 CanLII 8902 (BC CA):
There remains to be considered the principle expressed in King v. Colonial Homes Ltd., supra, by Cartwright J., namely, that if the verdict of the jury would inevitably have been the same as that of the trial judge, no new trial should be ordered even if the jury ought not to have been discharged.
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