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)
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