Can a plaintiff bring a claim for assault, malicious arrest, and violation of his Charter rights before a jury?

In Perley v. Sypher, the plaintiff’s claim was for assault, malicious arrest, false imprisonment and violation of his Charter rights. According to the rules of the New Brunswick court, the plaintiff was entitled to a jury trial for the claims of malicious arrest and false imprisonment and to a jury trial for the other causes of action if these claims were “more fit” for trial by jury. The court was not persuaded that the claims outside the rule were “more fit” for a trial by a jury. The court held that the common trial of all claims would be a complex exercise. It would be difficult for the jury to appreciate the fine distinctions and more stringent proof required for proof of a Charter right violation if the claims were tried together.