What is the test for a motion to declare a mistrial?

British Columbia, Canada


The following excerpt is from Jones v. Frohlick, 2018 BCCA 170 (CanLII):

The judge dismissed the mistrial application: see Jones v. Frohlick (April 5, 2017), Vancouver No. M144306 (B.C.S.C.). He began his ruling by noting that declaring a mistrial is an extraordinary remedy that carries with it a high burden of proof to establish: (1) that the misconduct is “of such a nature that it would cause a substantial wrong” (at para. 1); (2) that “permitting the trial to continue before the jury would result in a miscarriage of justice” (at para. 1); and (3) the misconduct could not be remedied by a proper instruction to the jury. (at para. 3)

Other Questions


What is the test for an application for a stay of execution of a motion for a motion to quash a motion of appeal? (British Columbia, Canada)
What is the test for admitting evidence of a declarant as a declaration of contemporaneous physical sensation? (British Columbia, Canada)
What is the test for a motion to dismiss a motion for personal injury? (British Columbia, Canada)
What is the test for declaring a declaration of time as of the essence in a real estate transaction? (British Columbia, Canada)
What is the difference between a no evidence motion and an insufficient evidence motion? (British Columbia, Canada)
What is the test for a motion for a mistrial in a civil case? (British Columbia, Canada)
What is the test for a motion to stay a motion against the constitutionality of laws and regulation affecting the use of medical marijuana? (British Columbia, Canada)
Can a party intentionally refrain from appearing on a notice of motion and instead come along later, at his own convenience, and insist on having the motion reheard? (British Columbia, Canada)
What is the difference between an explicit declaration of mind and statements that permit inference as to the declarant's state of mind? (British Columbia, Canada)
What is the test for a motion for a mistrial in a personal injury case? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.