What is the judicial excuse to strike a jury notice in a complex claim?
British Columbia, Canada
The following excerpt is from Makasoff v CIBC World Markets Inc., 2017 BCSC 2128 (CanLII):
The mere existence in the pleadings of multiple claims and regulatory systems or that expert evidence will be tendered on multiple issues does not satisfy the requirement for the judicial excuse of the discretion to strike a jury notice. The facts must be found that the case is intricate and complex so as to make it inappropriate for a jury. Examples of complex pleadings, legal issues and assessments of damages where jury notices were not struck include Renaerts v. Korn CanLii 6437, leave to appeal dismissed 1998 CanLii 6644.
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