Justice Grant went on to say: The right to a jury trial is dealt with in our law as a substantive right, not just merely a procedural right. See MacNeil v. Hill the Mover et al (1961), 1961 CanLII 416 (NS CA), 27 D.L.R. (2d) 734. Under our jurisprudence the functions of a jury and a judge are clearly defined. Issues of fact and inferences from these facts and damages are for the determination of the jury. Issues of law are to be determined by the trial judge. In most cases there are issues of fact and issues of law which can be isolated. There are also questions of mixed fact and law, which once the factual portion has been determined, the relevant law can readily be applied.
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