Can a motion to strike the jury in a medical malpractice action be struck out after a jury has been struck out?

In Strojny v. Chan, [1988] O.J. No. 201, 26 C.P.C. (2d) 38 (H.C.J.), the plaintiff brought a medical malpractice action against the defendant. The defendant doctor moved prior to trial to strike the jury on the basis that the case was complex. In dismissing the defendant's rule 47.02(2) motion, Barr J. noted, at p. 40 C.P.C. and p. 42 C.P.C.: My experience has been that the complexities that are raised before judges on applications such as this frequently fail to materialize at trial after the jury notice has been struck out. . . . . . This is not the place to explore the virtues of trial by jury but, in spite of its shortcomings, there are many who feel that the jury is a better tribunal for determining credibility and for finding facts generally and that jurors are more closely in touch with community standards and better able to apply them where they are relevant. [page699] . . . . . The action in question is a common law action, as opposed to an action invoking the equitable jurisdiction of the court. As a common law action it is prima facie to be tried by a jury.