Jury deliberations and Special Costs in a disability income case
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Legally Speaking with Victoria Lawyer Michael Mulligan on CFAX 1070
Issues discussed include jury deliberations, sequestration, the fact that the substance of jury deliberations are secret in Canada, what information is included in a charge to the jury, information not provided to the jury, including the possible sentence if there is a conviction, and how judges deal with jury questions or cases where a jury is unable to arrive at a unanimous verdict.
Also discussed is a recent test case from the British Columbia Court of Appeal: Tanious v. The Empire Life Insurance Company. This case dealt with a successful claim for disability insurance benefits, and the circumstances in which special costs can be awarded. Special costs, as distinct from party and party costs, represent the actual legal costs incurred by a party to a claim. The Court of Appeal upheld the trial judge, who awarded special costs on the basis that it was in the interest of justice for the institutional defendant to indemnify the impoverished and disabled claimant fully for the reasonable costs of pursuing her claim.
Note: On October 3 and 10, Legally Speaking will be live on CFAX 1070 at 11:00am, rather than the regularly scheduled time of 10:30am.\\xa0