What is the test for striking a jury in a civil case?

British Columbia, Canada


The following excerpt is from Froese v Wilson, 2017 BCSC 2042 (CanLII):

The Rules create a presumptive right to a civil jury trial and place an onus that is “not easily satisfied” on a party seeking to strike a jury notice: MacPherson v. Czaban, 2002 BCCA 518 at para. 17.

Other Questions


What is the effect of the Rules of Civil Procedure and Procedure of striking a jury in a civil case? (British Columbia, Canada)
What is the case law on the re-opening of a plaintiff’s case in a civil case? (British Columbia, Canada)
What is the effect of striking a pleading in a civil case? (British Columbia, Canada)
In a Workers’s Compensation Appeal Tribunal case, is there any case law that supports the argument that there is no case law in favour of a claim under the Employment Benefits Act? (British Columbia, Canada)
What is the onus on a party seeking to strike a jury notice in a civil case? (British Columbia, Canada)
Is there any case law or case law supporting the use of historical income figures for purposes of determining the value of individual income? (British Columbia, Canada)
What is the test for a strike in a notice of civil claim? (British Columbia, Canada)
What is the legal test for admitting new evidence in a civil case? (British Columbia, Canada)
What is the test for establishing a presumption of prejudice in a civil case? (British Columbia, Canada)
What is the test for a mistrial in a civil case where the jury was not shown exhibits that had not been disclosed to the jury? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.