Does a party have a presumptive right to trial by jury?
British Columbia, Canada
The following excerpt is from Jackson v. Yusishen, 2013 BCSC 1982 (CanLII):
A party has a presumptive right to trial by jury and should not be deprived of that right absent good reason to do so: Cliff v. Dahl, 2012 BCSC 276.
When it assesses a motion to strike a jury notice, the court should bear in mind that a jury must be assumed to be as capable as a judge acting alone. As McKenzie J. wrote in MacKinnon v. Ebner, [1997] B.C.J. No. 364 (S.C.):
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