Halifax Physiotherapy & Work Hardening Centre Ltd. v. Lewin

Halifax Physiotherapy & Work Hardening Centre Ltd. v. Lewin

The motion to strike the defendants' jury election was dismissed because the judge found the case was not so complex as to require judge-alone determination: equitable issues may be placed before a jury in Nova Scotia; the factual issues were extricable from legal issues, the contractual documents were not unduly complex, and the expected trial length and volume of documents did not make a jury trial unworkable. Costs of $1,000 plus disbursements were awarded to the defendants.

Citation
2016 NSSC 186
Parties
Plaintiff/applicant: Halifax Physiotherapy & Work Hardening Centre Ltd. (carrying on as CBI Health Centre: Halifax); Defendant/respondent: Todd Lewin; Defendant/respondent: Debra Vieth-Morse; Defendant/respondent: Shaun Sangster; Defendant/respondent: Sarah Bayne; Defendant/respondent: Core Physiotherapy and Rehabilitation Centre Inc.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
19 July 2016
Procedural Posture
Civil (breach of Contract, Fiduciary Duty, Interference With Economic Interests, Conspiracy) / Pre Trial Motion to Strike Jury Election (motion Heard July 14, 2016)
Outcome
Application to strike jury election dismissed; jury trial to proceed
Legal Topics
Jury Trial Election, Motion to Strike Jury Notice, Fiduciary Duty, Breach of Contract, Interference With Economic Relations, Equitable Remedies, Contractual Interpretation, Mitigation of Damages, Expert Evidence
Source Language
English
Contract Law Equity Civil Procedure Tort (interference With Economic Relations) Employment Law Jury Trial Election Motion to Strike Jury Notice Fiduciary Duty +6 more

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Parties

Halifax Physiotherapy & Work Hardening Centre Ltd. (carrying on as CBI Health Centre: Halifax)

Plaintiff/applicant

Todd Lewin

Defendant/respondent

Debra Vieth-Morse

Defendant/respondent

Shaun Sangster

Defendant/respondent

Sarah Bayne

Defendant/respondent

Core Physiotherapy and Rehabilitation Centre Inc.

Defendant/respondent

Procedural Posture

Civil (breach of Contract, Fiduciary Duty, Interference With Economic Interests, Conspiracy) / Pre Trial Motion to Strike Jury Election (motion Heard July 14, 2016)

Legal Issues

  1. 1 Whether motion to strike jury notice should be granted
  2. 2 Whether equitable issues and equitable remedies require determination by judge alone
  3. 3 Whether issues of law and fact (notably contractual interpretation) are so interwoven as to make a jury trial inappropriate

Ratio Decidendi

The motion to strike the defendants' jury election was dismissed because the judge found the case was not so complex as to require judge-alone determination: equitable issues may be placed before a jury in Nova Scotia; the factual issues were extricable from legal issues, the contractual documents were not unduly complex, and the expected trial length and volume of documents did not make a jury trial unworkable. Costs of $1,000 plus disbursements were awarded to the defendants.

Court Disposition

Application to strike jury election dismissed; jury trial to proceed

Orders

  • Application to strike the jury notice dismissed
  • Costs awarded to Defendants in the amount of $1,000 plus disbursements