What is the test for a motion to extend the time for a finding of subjective intention of a defendant to have a trial by jury?
British Columbia, Canada
The following excerpt is from Oberreiter v. Akmali, 2008 BCSC 1300 (CanLII):
It is a necessary foundation for the court to exercise its discretion to extend the time that there be a finding of subjective intention of the defendant to have a trial by jury. It must be a continuing one from its inception. Negligence or inadvertence of counsel in not following procedural requirements has been the subject of relief even where there were multiple failures: Chapin v. Danneberg.
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