Is there a prima facie right to a jury when the cause of action is below the applicable monetary limit?
Alberta, Canada
The following excerpt is from Williams-Baker v. Russell, 2004 ABQB 250 (CanLII):
Cases that support the proposition that the right to trial by jury is a substantive right of great importance and a party should not be deprived of it except for cogent reasons (see, for example, King v. Colonial Homes Ltd. et al, 1956 CanLII 13 (SCC), [1956] S.C.R 528 at 533) add no value to this debate because, in my judgment, for the reasons I have expressed, there is no prima facie right to a jury when a cause of action is below the applicable monetary limit.
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