What is the test for issuing a warning for inflammatory remarks?
British Columbia, Canada
The following excerpt is from Desharnais v. Parkhurst and Romanowski, 2013 BCCA 113 (CanLII):
It has been said elsewhere that the evaluation of whether or not inflammatory remarks are prejudicial and warrant a warning are matters of discretion for the trial judge: Smagh v. Bumbrah, 2011 BCCA 281, para. 8. These determinations are entitled to deference on appeal.
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