An allegation of concoction and collusion between a party and their solicitor, made by insinuation in cross-examination without proper factual foundation, can constitute a substantial miscarriage of justice warranting a new trial, even where the disadvantaged party's trial counsel failed to object, call rebuttal evidence, or seek discharge of the jury. Counsel must retract such allegations when provided with material demonstrating they are unfounded. The failure of trial counsel to take remedial steps is a significant but not insurmountable obstacle to establishing miscarriage on appeal.
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