What is the test to determine whether a claim can be conveniently heard and determined by a jury?
Alberta, Canada
The following excerpt is from Nieman v. Kennedy (Estate of), 2006 ABQB 894 (CanLII):
In assessing whether the matter can be conveniently heard and determined by a jury it is necessary to assess the complexity of the matters at issue. In Shaw v. Standard Life Assurance Company, 2006 ABQB 156 at para. 11, Rooke J. outlined a number of factors that are relevant to determining the complexity of the matter to be tried. They are as follows: i. the number of issues; ii. the number of experts; iii. the need for an interpreter; iv. the legal issues to be put to the jury; v. conflicts of expert opinions; vi. causation; and vii. other factors.
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