When will a judge strike a jury notice?

While the issue of judicial notice is determinative of the appeal, that issue was considered in the context of the jurisdiction of a trial judge to strike a jury notice. On this latter point, the appellant began with the proposition that a party to civil proceedings is prima facie entitled to have issues of fact tried, or damages assessed by a jury relying upon s. 108(1) of the Courts of Justice Act, R.S.O. 1990, c. C.43. Trial by jury is a substantive right of considerable importance, the appellant argues, which ought not to be taken away except for cogent reasons (see King v. Colonial Homes Ltd., 1956 CanLII 13 (SCC), [1956] S.C.R. 528, [1956] S.C.J. No. 32, at p. 533 S.C.R.).