In judge alone trials evidence or submissions on evidence that might well lead to a mistrial before a jury are far less likely to lead to a mistrial. So see today's decision in R. v. Laine, 2015 ONCA 519:
 The trial judge then concluded this discussion with the following:
This is a judge alone trial. Submissions are not evidence. I have not and will not consider this as a case of alleged recent fabrication. It does not arise on the evidence. What is alleged is fabrication, pure and simple. The application is therefore dismissed.
 The appellant can point to nothing in the trial judge's reasons to suggest that she did not do what she said she would do.
 I do not accept this submission. As the trial judge herself noted, this was a judge-alone trial and she would not consider the case as one of recent fabrication. Her reasons demonstrate that she did not do so. I would not give effect to this ground of appeal.