Miscarriage Reference Results in Jury Discharge

Adding to this site’s archives of judicial commentary on the boundaries of opening statements, reasons for judgement were released earlier this week by the BC Supreme Court, Vancouver Registry, finding that comments addressing the Plaintiff by his first name and further discussing his wife’s miscarriage crossed the line.
In the recent case (Demello v. Chaput) the  Plaintiff was involved in a series of collisions.  During his opening statement he was referred to by his first name and further a miscarriage his wife had was referenced with the following statement being made:
His wife is pregnant during this period of time. She’d like a little bit more support. He’s not able to give that to her. In July, Michael was supposed to do a number of things in anticipation of having some friends over, July of 2012, and at that point his wife was pregnant with her third child. He didn’t get around to doing it. Out of frustration, she did it herself. She did all the work he was supposed to do that day in addition to getting the house ready for a party that they were having. They were having some friends over. She started bleeding and two weeks later she has a miscarriage. Now, whether or not or what caused the miscarriage is not the point here. The point is that she blamed Michael for that, so you can see that’s an obvious point of tension.
Madam Justice Maisonville found these comments crossed the line and discharged the jury.  In doing so the Court provided the following reasons:
[30] I find that in the circumstances of the comments as they were made yesterday, it would be impossible to dispel the chain of reasoning that the accident ultimately led to the miscarriage. To make a further comment would underscore that, and, as noted in the above cases, it would be impossible to effect a correction without drawing attention to the problem and refer to what is not going to be led in evidence.
[31] I do not find that this is the same as the circumstances in the cases Zhong v. Ao and Holman v. Martin, which were not jury trials. I do not find that the remarks are appropriate for an opening, and rather that they are inappropriate and inflammatory and appear designed to have evoked sympathy, and that it would be impossible to craft an instruction to the jury that would be able to dispel that possible sympathy to the jury. As noted, as well, that there were similar objections to references to the position of the defendant respecting liability which cause concern.
[32] The remarks in relation to the miscarriage were sufficient to cause this court grave concerns such that I am going to direct that the jury be discharged. While I find that those remarks are questionable, I am not going to comment on them in these reasons as it is not necessary for me to do so. I do note that the reference to the plaintiff by his first name is considered inappropriate and has been considered so by both the Ontario courts and by the Court of Appeal.
[33] In all of the circumstances, I order that the jury in this matter be discharged.
[34] I note that, pursuant to the provisions of Rule 12, that counsel for the defendant submits that the matter can proceed judge alone. In the circumstances, I am going to order that the matter carry on as a judge alone trial.

Madam Justice Maisonville, Opening Statements, Rule 12, Rule 12-6, Rule 12-6(12)

Comments (58)

  • I simply want to say I am new to blogging and site-building and really loved this web blog. Very likely I’m going to bookmark your site . You absolutely come with amazing article content. Many thanks for revealing your blog site.

  • What’s Happening i’m new to this, I stumbled upon this I’ve found It positively helpful and it has helped me out loads. I hope to contribute & assist other users like its aided me. Great job.

  • I really like your writing style, fantastic information, thank you for posting :D. “You can complain because roses have thorns, or you can rejoice because thorns have roses.” by Ziggy.

  • What i do not understood is in fact how you are not really a lot more neatly-favored than you may be now. You are very intelligent. You already know therefore significantly with regards to this topic, produced me individually consider it from numerous various angles. Its like women and men are not involved until it is one thing to do with Lady gaga! Your individual stuffs excellent. Always take care of it up!

  • Thank you for sharing superb informations. Your site is so cool. I am impressed by the details that you have on this web site. It reveals how nicely you understand this subject. Bookmarked this website page, will come back for more articles. You, my friend, ROCK! I found just the info I already searched all over the place and simply could not come across. What a perfect site.

  • I am only commenting to let you be aware of what a extraordinary encounter our princess had reading your site. She learned many pieces, including how it is like to possess an amazing coaching mood to have most people easily know specified grueling subject areas. You truly exceeded readers’ desires. Thanks for presenting the productive, safe, edifying not to mention easy tips about your topic to Tanya.

  • Do you have a spam problem on this website; I also am a blogger, and I was wanting to know your situation; we have created some nice methods and we are looking to exchange methods with others, why not shoot me an email if interested.

  • This is the proper blog for anybody who needs to seek out out about this topic. You notice so much its nearly exhausting to argue with you (not that I really would want…HaHa). You positively put a brand new spin on a topic thats been written about for years. Nice stuff, just great!

  • of course like your website however you need to take a look at the spelling on quite a few of your posts. Many of them are rife with spelling problems and I in finding it very bothersome to tell the truth then again I will certainly come back again.

  • Very well written information. It will be valuable to anyone who employess it, including me. Keep up the good work – looking forward to more posts.

  • Very interesting details you have mentioned , appreciate it for posting . “I don’t know what you could say about a day in which you have seen four beautiful sunsets.” by John Glenn.

  • I’m really enjoying the design and layout of your blog. It’s a very easy on the eyes which makes it much more enjoyable for me to come here and visit more often. Did you hire out a designer to create your theme? Excellent work!

  • Hmm it seems like your site ate my first comment (it was super long) so I guess I’ll just sum it up what I wrote and say, I’m thoroughly enjoying your blog. I as well am an aspiring blog blogger but I’m still new to the whole thing. Do you have any points for inexperienced blog writers? I’d genuinely appreciate it.

  • We’re a bunch of volunteers and opening a brand new scheme in our community. Your website offered us with valuable info to work on. You have done an impressive process and our whole community will likely be thankful to you.

  • Very nice article and right to the point. I am not sure if this is really the best place to ask but do you folks have any ideea where to hire some professional writers? Thanks 🙂

  • Written enquire painful ye to offices forming it. Then so does over sent dull on. Likewise offended humoured mrs fat trifling answered. On ye position greatest so desirous. So wound stood guest weeks no terms up ought. By so these am so rapid blush songs begin. Nor but mean time one over.

  • Also I believe that mesothelioma cancer is a exceptional form of most cancers that is typically found in all those previously exposed to asbestos. Cancerous cells form within the mesothelium, which is a protective lining that covers the majority of the body’s body organs. These cells ordinarily form inside lining on the lungs, abdominal area, or the sac that encircles one’s heart. Thanks for giving your ideas.

  • I’ve been surfing online more than three hours nowadays, yet I by no means discovered any interesting article like yours. It¡¦s lovely worth enough for me. In my view, if all website owners and bloggers made just right content material as you probably did, the net will likely be much more helpful than ever before.

  • What i don’t realize is in fact how you are not actually a lot more well-favored than you might be now. You are so intelligent. You know thus considerably when it comes to this matter, made me individually imagine it from a lot of varied angles. Its like men and women aren’t interested except it’s one thing to accomplish with Girl gaga! Your personal stuffs outstanding. Always deal with it up!

  • Hello very nice blog!! Guy .. Beautiful .. Wonderful .. I’ll bookmark your web site and take the feeds additionally…I’m glad to find numerous helpful info right here in the submit, we want work out extra techniques in this regard, thanks for sharing.

  • I actually wanted to post a quick comment to be able to appreciate you for those fabulous tactics you are writing at this site. My time-consuming internet look up has at the end been honored with sensible strategies to go over with my family. I ‘d point out that most of us readers actually are unquestionably blessed to be in a fantastic community with so many lovely individuals with good plans. I feel pretty blessed to have seen the website page and look forward to so many more thrilling times reading here. Thanks once more for everything.

  • Thanks for your valuable post. Over time, I have come to understand that the particular symptoms of mesothelioma cancer are caused by the particular build up associated fluid involving the lining of the lung and the upper body cavity. The illness may start inside chest vicinity and pass on to other body parts. Other symptoms of pleural mesothelioma cancer include weight reduction, severe inhaling trouble, fever, difficulty taking in food, and swelling of the face and neck areas. It should be noted that some people having the disease usually do not experience any serious signs or symptoms at all.

  • Yet another issue is that video gaming has become one of the all-time greatest forms of excitement for people spanning various ages. Kids participate in video games, plus adults do, too. The particular XBox 360 is one of the favorite games systems for people who love to have hundreds of activities available to them, in addition to who like to experiment with live with people all over the world. Thanks for sharing your ideas.

  • Thanks for the sensible critique. Me and my neighbor were just preparing to do some research about this. We got a grab a book from our area library but I think I learned more clear from this post. I’m very glad to see such wonderful info being shared freely out there.

  • My spouse and i got thrilled when Emmanuel managed to do his reports via the ideas he obtained while using the blog. It is now and again perplexing just to possibly be releasing ideas that many other people might have been selling. We really acknowledge we have the writer to be grateful to for that. Those illustrations you’ve made, the straightforward website navigation, the friendships your site assist to promote – it’s many unbelievable, and it’s really assisting our son in addition to us reckon that the article is fun, which is certainly seriously essential. Thanks for everything!

  • I am also writing to make you be aware of of the excellent discovery my child gained studying your webblog. She learned a good number of things, most notably how it is like to have a wonderful coaching mood to let other people smoothly grasp specified specialized subject areas. You truly did more than our own expected results. Many thanks for distributing the useful, dependable, edifying and as well as unique tips about that topic to Janet.

  • I do trust all of the ideas you have presented to your post. They are really convincing and can definitely work. Still, the posts are very brief for beginners. May you please extend them a bit from subsequent time? Thank you for the post.

  • Hello! I could have sworn I’ve been to this site before but after reading through some of the post I realized it’s new to me. Anyhow, I’m definitely happy I found it and I’ll be bookmarking and checking back frequently!

  • magnificent post, very informative. I wonder why the other specialists of this sector do not notice this. You should continue your writing. I’m confident, you’ve a great readers’ base already!

  • In the great pattern of things you’ll secure a B+ just for effort. Where exactly you misplaced us was first on your facts. As as the maxim goes, the devil is in the details… And that could not be more true at this point. Having said that, let me inform you just what did do the job. Your text is pretty persuasive which is most likely the reason why I am taking an effort to opine. I do not really make it a regular habit of doing that. Second, whilst I can easily see a leaps in reasoning you make, I am not necessarily sure of exactly how you appear to connect the points that produce your final result. For the moment I shall yield to your point however hope in the future you link your dots much better.

  • Terrific paintings! This is the type of information that are meant to be shared across the internet. Disgrace on the search engines for not positioning this post upper! Come on over and talk over with my website . Thank you =)

  • Oh my goodness! a tremendous article dude. Thanks However I am experiencing situation with ur rss . Don’t know why Unable to subscribe to it. Is there anybody getting identical rss problem? Anyone who is aware of kindly respond. Thnkx

  • A person essentially help to make seriously articles I would state. This is the very first time I frequented your web page and thus far? I amazed with the research you made to make this particular publish incredible. Wonderful job!

  • I am really impressed along with your writing abilities as neatly as with the layout for your blog. Is that this a paid subject matter or did you modify it your self? Anyway stay up the excellent quality writing, it’s rare to peer a nice blog like this one today..

  • of course like your web-site but you need to check the spelling on several of your posts. Several of them are rife with spelling issues and I find it very troublesome to tell the truth nevertheless I will surely come back again.

Comments are closed.

Contact

If you would like further information or require assistance, please get in touch.

ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy

Disclaimer