Is improper comments made by counsel to the jury sufficient to cause a new trial?
British Columbia, Canada
The following excerpt is from Knauf v. Chao, 2009 BCCA 605 (CanLII):
As noted above, the decisions of de Araujo v. Read and Giang v. Clayton also involved improper comments made by counsel to a jury. In de Araujo, where the awards were high but “within a range not otherwise subject to variation” (para. 70), a new trial was ordered. In Giang, Chief Justice Finch would have dismissed the appeal and Madam Justice Southin would have reduced the jury’s award because it was excessive. While preferring to order a new trial as a result of counsel’s improper comments, Thackray J.A. agreed to the reduction of the award proposed by Southin J.A.
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