Trial judge declared mistrial

Ontario civil | Civil Practice and Procedure

Judgments and Orders

Final or interlocutory

Trial judge declared mistrial

Conduct of two jurors gave trial judge concern about appearance of trial’s fairness, but did not find there was reasonable apprehension of bias. Trial judge declared mistrial and discharged jury and ordered that he would remain seized of matter and it would be placed on list of jury trials commencing in September 2016. Defendant appealed. Plaintiffs brought motion to quash appeal. Motion granted. Order under appeal was interlocutory. Court expressly retained jurisdiction.
Williams v. Grand River Hospital (2016), 2016 Carswell­Ont 16447, 2016 ONCA 793, G.R. Strathy C.J.O., H.S. LaForme J.A., and K. van Rensburg J.A. (Ont. C.A.).


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