What considerations will a judge consider when striking a jury notice?

Nova Scotia, Canada


The following excerpt is from Big X Holdings Inc. v. Royal Bank of Canada, 2014 NSSC 368 (CanLII):

Anderson v. Cyr provided ten “considerations to be taken into account by a motions judge in determining whether to strike a jury notice” (para. 97). The list of ten is in para. 96. Most prominent among them for the present motion is the seventh, which reads: If the issues of fact are difficult to isolate and are clearly interwoven with the issues of law, the motions judge must decide if the issue has risen to a level that it ought to be taken from the jury, always keeping in mind that it is a prima facie and substantive right that a party is entitled to have a trial by jury.

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