Can a jury be relied upon in a breach of fiduciary duty action?

11 The leading case on the availability of a jury to try the issue of a breach of fiduciary duty is the decision in 57134 Manitoba v. Palmer et al. That case clearly states that a jury is an appropriate means of trial for cases involving allegations of this nature. The Rules are unchanged and, although the case may be difficult to manage, it is in my view not impossible. The remarks of Esson, J.A. are clearly obiter. The other cases relied upon by counsel for the plaintiff are in my view of no assistance when it comes to considering this particular action, as they largely relate either to personal injuries or to complex stock manipulations. There is a heavy onus on the party who seeks to deprive the other party of its right to have the case heard by a jury.