What is the test for obtaining a jury trial in a fast track action?
British Columbia, Canada
The following excerpt is from Bagri v. Bagri, 2015 BCSC 2132 (CanLII):
If an action is a fast track action, Rule 15-1(10) applies to require that the “trial of a fast track action must be heard by the court without a jury”. The process for obtaining a jury trial set out in Rule 12-6(3) is expressly subject to the restriction in Rule 15-1(10). Therefore the parties to a fast track action cannot file a valid jury notice as long as Rule 15-1 applies to the proceedings. A jury notice that is not filed in compliance with the Rules is a nullity: see Lanci v. Marpole Transport Ltd., 2000 BCSC 1227 at paras. 33-35.
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