What is the test for striking out the jury in a personal injury case?

Justice Goodman began his analysis of whether the trial judge erred in striking out the jury by emphasizing that the right to a trial by jury is a fundamental one that should not be interfered with lightly, quoting the passage from King v. Colonial Homes Ltd., [page696] which is set out in para. 25. He then considered the meaning of "a proper case" in subrule 47.02(3), stating at pp. 44-45 O.R.: In my view, a proper case is one where one of the parties moves [to strike out the jury notice] at a later date before the trial judge and the circumstances are such as would justify the exercise of his discretion to try the case without a jury.