What is the test for discharging a jury?
Ontario, Canada
The following excerpt is from MacGregor v. Potts, 2012 ONCA 226 (CanLII):
The decision to discharge a jury is a discretionary one. Appellate intervention is not warranted if there is a reasonable basis for the exercise of the trial judge’s discretion: see Cowles v. Balac, at paras. 40-42. Based on the trial record and, frankly, based on the record and the nature of the legal argument in this three-day appeal, the trial judge’s decision to discharge the jury, and his reasons for doing so, were entirely reasonable.
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