The appellants, a family, sued a hospital and medical professionals for medical malpractice after their son suffered a severe brain injury at birth.
The trial judge discharged the jury mid-trial and then dismissed the action.
On appeal, the Court of Appeal for Ontario found that the trial judge failed to provide adequate reasons for discharging the jury, which is a fundamental right.
The reasons were conclusory, did not explain which comments were prejudicial, or why corrective instructions would be insufficient.
The appellate court could not meaningfully review the decision.
Consequently, the appeal was allowed, and a new trial was ordered.