The following excerpt is from Gutbir v. University Health Network, Nicholson, 2010 ONSC 6035 (CanLII):
In Campbell v. Singal et al, McDermid L.J.S.C. stated, I believe that the right to trial by jury is very important and ought not to be taken away simply because there are additional burdens case upon counsel and the trial judge due to the presence of a jury, unless it is probable that even with a reasonable amount of additional time the jury “cannot reasonably be expected to be able to follow the evidence properly or to apply the judge’s charge properly … If I were to grant the motion at this stage, the plaintiff would be denied forever the right to have his claim considered by a jury. As the matter proceeds before the trial judge, he or she will be in a much better position to decide on the complexity of the factual and legal issues, the complexity of the evidence which will be led and the apparent understanding of the particular jury before him or her of that evidence… I concur with these sentiments and find them directly applicable to the motion before me.
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