Does the trial of a defendant have to commence after the selection of the jury?
Ontario, Canada
The following excerpt is from Hornick v. Kochinsky, 2005 CanLII 13784 (ON SC):
Similarly, in Jonas v. Barma, [1987] O.J. No. 2344, McDonald D.C.J. held that the hearing or trial does not commence until the first evidence is called. He noted that it is sometimes impractical for the trial to commence immediately after the selection of the jury, and that it would be unjust to prevent a defendant from making an offer to settle during the intervening period.
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