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.

Other Questions

What are the issues costs for a party who is substantially successful on a discrete issue or issue? (British Columbia, Canada)
Can a common issue or issue be tried in advance of individual issues? (British Columbia, Canada)
When will a court apportion costs in a mixed issue family matter between maintenance and support matters and custody and property issues? (British Columbia, Canada)
What is the test for credibility issues on an application under the BCSC's triable issue of credibility rule? (British Columbia, Canada)
Can an issue that is "one of the intricate and complex character" or a scientific investigation not conveniently triable by a jury be severed from the issues to be tried by the jury? (British Columbia, Canada)
When a single issue is proposed for summary trial by way of summary trial, does the court have any consideration in deciding the issue as a whole? (British Columbia, Canada)
Does Bayer have to prove that individual issues predominate over any common issues? (British Columbia, Canada)
Can a plaintiff add a common issue addressing whether the mortgage provisions in issue are illegal or contrary to public policy? (British Columbia, Canada)
What are the relevant factors for determining whether either of two possible jurisdictions would be suitable for the determination of issues raised by the litigation at issue? (British Columbia, Canada)
How has the court considered the issue of gift/loan issue in the context of a previous gift/gift relationship? (British Columbia, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.