The defendant appealed a jury verdict in a personal injury action arising from a motor vehicle accident.
At trial, the judge excluded defence video surveillance evidence intended for impeachment, failed to provide a correcting instruction after the plaintiffs' counsel made an inflammatory closing address, and failed to fairly review the defence's medical evidence of malingering in the jury charge.
The Court of Appeal allowed the appeal, finding that the trial judge applied the wrong legal test for admitting impeachment evidence under Rule 30.09 and erred in his handling of the closing address and jury charge.
The cumulative effect of these errors resulted in a miscarriage of justice, necessitating a new trial.
