I have been referred by counsel to several cases in Nova Scotia dealing with a motion to strike a jury notice, in which some were granted and some were not. It is trite to say that each case must be examined on its own individual facts. A very helpful analysis can nonetheless be found on a similar motion decided in Crocker v. MacDonald [1992] N.S.J. No. 461. In that case, as Justice Saunders put it, “The question to be determined in applications of this sort is the degree of complexity in relation to the real issues in dispute”.
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