What is the burden of a jury in a civil case?
Alberta, Canada
The following excerpt is from Crossley v. Simpson, 2002 ABQB 763 (CanLII):
The right to a trial by judge and jury is not absolute. The defendants, who have initiated this application for a civil jury trial, have discharged the burden as set out in s. 17(1) of the Act. I must now determine, based on the evidence before me, whether or not the case is one which can be conveniently tried by a jury. Respecting the question of convenience, the focus is on the complexity and not volume of issues or evidence: Esmail v. Hanna, 1999 ABQB 485.
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