What is the concept of misconduct in the context of an application for a mistrial and associated request that the trial continue without a jury?
British Columbia, Canada
The following excerpt is from Vander Maeden v. Condon, 2013 BCSC 1810 (CanLII):
In Ennis v. Allenby, 2007 BCCA 80, at para. 12, Hall J.A. addressed the concept of “misconduct” in the context of an application for a mistrial and associated request that the trial continue before the trial judge without the jury, as follows:
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