The plaintiff was rendered quadriplegic during a rugby match and sued the provincial rugby union and a coach.
During the jury trial, two witnesses made references suggesting the defendants were insured.
The trial judge discharged the jury due to potential prejudice, and the plaintiffs elected to continue by judge alone, ultimately losing the action.
The Court of Appeal ordered a new trial, finding the jury should not have been discharged.
The Supreme Court of Canada allowed the appeal, overruling its previous decision in *Theakston* which required automatic discharge when insurance is mentioned.
The Court held that discharging a jury is a matter of the trial judge's discretion based on whether incurable prejudice has occurred, and found the trial judge properly exercised this discretion.
