In criminal litigation accused persons have an absolute right to be tried by a jury when charged with certain specified offences. In civil cases, the right to a jury is not absolute. However, appellate courts have affirmed that the right to trial by jury in civil cases is a substantive right of great importance and that a party ought not to be deprived of that right except for cogent reasons (See King v. Colonial Homes Ltd., 1956 CanLII 13 (SCC), [1956] S.C.R. 528).
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