What is the case law on the capacity of a jury in personal injury cases?

British Columbia, Canada


The following excerpt is from Clower and Sexton v. Poeckert, 2007 BCSC 409 (CanLII):

In MacPherson v. Czaban, 2002 BCCA 518, Mackenzie J.A. had this to say at ¶17: There will undoubtedly be some variation in the opinion of judges as to the capacity of a jury on particular applications but that is inherent in discretionary orders. However, judges should keep in mind that a jury trial in a personal injury case is a presumptive right, and it is only where the judge is satisfied, under the Rule 39(27)(a) criteria, that the issues cannot be tried fairly by a jury that the jury notice should be struck. The onus of persuasion is on the applicant and the jurisprudence over the years makes it clear that the onus is not easily satisfied.

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