Can an issue that is "one of the intricate and complex character" or a scientific investigation not conveniently triable by a jury be severed from the issues to be tried by the jury?
British Columbia, Canada
The following excerpt is from M. (M.) v. School District No. 39 (Vancouver), 1999 CanLII 2045 (BC SC):
There is authority for the proposition that an issue that is “one of an intricate and complex character, or a scientific investigation not conveniently triable by a jury” may be severed from the issues to be tried by a jury. [See Steels v. Collings (B.C.) 1959, Wilson J., 559 (B.C.S.C.)]
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for "convenience" when a plaintiff seeks trial by jury in an action that involves a scientific investigation? (British Columbia, Canada)
Can a common issue or issue be tried in advance of individual issues? (British Columbia, Canada)
What is the test for a jury to decide whether a plaintiff in a medical malpractice case is entitled to a scientific investigation? (British Columbia, Canada)
What is the test for the ability of juries to consider and deal with complex issues? (British Columbia, Canada)
What is the test for adducing evidence in the issue of character in issue? (British Columbia, Canada)
In what circumstances will a jury be asked to give an immediate and final instruction to the jury concerning the issues of concern? (British Columbia, Canada)
What is the test for a jury to determine whether a medical malpractice case will require a scientific investigation? (British Columbia, Canada)
What is the test for credibility issues on an application under the BCSC's triable issue of credibility rule? (British Columbia, Canada)
Is a jury's final instruction to the jury concerning the issues of concern sufficient to prevent a substantial wrong? (British Columbia, Canada)
Is severance appropriate when the issue to be tried simple? (British Columbia, Canada)
