During a family law trial, it was discovered that the applicant had communicated with her counsel about her evidence and the issues in the case while under cross-examination.
The court found that this improper communication fatally wounded the trial process and prejudiced the respondent's ability to conduct a fair cross-examination.
As no other curative measures would suffice without prejudicing the applicant, the court declared a mistrial.
The court also ordered terms, including the immediate listing of the matrimonial home for sale and the withdrawal of Statements of Arrears filed with the Family Responsibility Office.
