What is the test for having a jury trial in a civil case?
Alberta, Canada
The following excerpt is from Noland v. Telila, 2003 ABQB 410 (CanLII):
As I have explained more fully in Goulbourne v. Buoy, I am of the view that in a situation where a party is entitled to a jury trial but where a summary trial otherwise would be ordered, a conflict arises and the statutory provisions of the Jury Act which entitle the party to a civil jury trial must prevail over the procedural Summary Trial Rules which have not as yet been validated by statute. VI. CONCLUSION
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