Ismail v. Fleming, 2018 ONSC 6615

This personal injury action arose from a 2009 motor vehicle accident. Trial commenced with jury selection on October 1, 2018. On October 31, 2018, after four weeks of evidence before a jury, Justice Leach declared a mistrial when it became evident that the trial duration estimate provided by and confirmed by counsel was inadequate and that the trial could not be completed in time. Justice Leach warned that courts may have little or no choice but to declare mistrials in other similar circumstances where inaccurate and inadequate trial duration estimates cannot reasonably be attributed to developments counsel could not have foreseen.