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Canada decisions
Decisions matching the current search
The court struck a jury notice and dismissed a Rule 12-5(68) application to have damages heard by jury after liability had already been tried by judge alone.
The plaintiff sought to strike a jury notice in a complex personal injury action. The court held the case was not shown to be too complex for a jury and dismissed the application.
The court struck the jury notice, finding the personal injury case involved complex, conflicting expert evidence and could not fairly be tried by jury.
The court refused to strike the defendants’ jury notice in a personal injury action, finding some complexity but not enough to remove the presumptive right to a jury.
The court struck a late jury notice as a nullity, finding it was filed outside the 21-day period after the original notice of trial and refusing leave to extend time.
The Supreme Court of Canada held there was enough evidence to go to the jury, upheld a new trial, and varied the order to make it workable.
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