What is the test for an application for an order requiring a trial to be heard by a jury?
British Columbia, Canada
The following excerpt is from Chapelski v. Bhatt, 2009 BCSC 1260 (CanLII):
Williams J. also referred to McNamara v. Harris, [1995] B.C.J. No. 2947 at para. 18 as follows: In McNamara v. Harris, [1995] B.C.J. No. 2947 (S.C.), Melnick J. considered an application for an order requiring a trial to be heard by a jury. The plaintiff had set the action down for trial and had served a Jury Notice. The defendant had not filed a Jury Notice. The plaintiff then changed her mind with respect to having a jury trial and chose not to pay the fees required to secure the empanelment of the jury. The defendant paid the fees and sought an order to secure the empanelling. Melnick J. allowed the application. He held that the plaintiff was entitled to abandon her Notice of Trial by Jury, but that the defendant was equally entitled to pay the fee, ensuring that the trial would take place with a jury...
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