Justice Healey set out the applicable test in Cowles v. Balac, (2006) CarswellOnt 6366, (Ont. C.A.) that the right to a trial by jury in a civil case is a substantive right and should not be interfered with without just cause or cogent reasons. She noted that the decision to strike the jury is discretionary and must not be exercised arbitrarily or capriciously. She also noted that complexity of the case is a proper consideration in determining when a jury notice is to be struck.
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FAIR – supporting auto accident victims through advocacy and education
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FAIR – supporting auto accident victims through advocacy and education
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FAIR – supporting auto accident victims through advocacy and education