Can improper submissions be addressed to the jury?

British Columbia, Canada


The following excerpt is from Aberdeen v. Township of Langley, 2006 BCSC 2062 (CanLII):

In the case of Schram v. Osten 2004 BCSC 1789, Martinson J. of this court dealt with the plaintiff's counsel's improper action during the trial proceedings. However, in this case the court felt the improper submissions could be remedied through a proper instruction to the jury.

Other Questions


What is the scope of an application to file further submissions to address a new issue raised in a reply submission? (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)
Can the Court of Appeal overturn a finding that a jury found a jury's verdict unreasonable and order a new trial? (British Columbia, Canada)
When will an expert be excluded from a jury trial for partiality and improper advocacy? (British Columbia, Canada)
In the absence of evidence or material addressing matters so relevant to the issue before council, is it possible to say that a decision made by the City Council was not based upon or activated by an improper or incorrect assumption? (British Columbia, Canada)
Can a participant file a further submission responding to new issues raised in a reply submission? (British Columbia, Canada)
Can a formal offer to settle be sent to an email address rather than the formal address for delivery? (British Columbia, Canada)
Is a jury's final instruction to the jury concerning the issues of concern sufficient to prevent a substantial wrong? (British Columbia, Canada)
What is the test for a mistrial in a civil case where the jury was not shown exhibits that had not been disclosed to the jury? (British Columbia, Canada)
What is the test for a jury to determine whether a jury can be relied on in a trial? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.