Stanley Jaskot

The applicants brought a motion for leave to argue a motion for summary judgment mid-trial, and the respondent brought a motion for directions seeking a trial de novo following a mistrial declared by the previous trial judge.

The court dismissed the motion for leave for summary judgment, interpreting Rule 16(1) of the Family Law Rules to mean that such motions must be brought before a trial commences.

The court also dismissed the respondent's request for a trial de novo, ordering that the trial continue from the point where the evidence concluded, in accordance with a prior Divisional Court order.

The appellants appealed a mistrial ordered by the trial judge in a civil fraud proceeding within a matrimonial context.

The trial judge declared a mistrial after thirteen days of evidence, citing the impact of extensive delay as the trial would have to continue on an installment basis.

The Divisional Court dismissed the appeal, finding the trial judge properly exercised her discretion and her decision was entitled to great deference.

The court provided directions for the new trial to minimize further delay, including preserving the evidence and rulings from the mistrial.