In Thongdee v. Moulton, 2001 ABQB 563 at pars. 10-11, I set out a number of factors to be considered in determining whether a trial may be conveniently conducted by a jury. They are: a) whether the jury will have to spend an undue amount of time examining exhibits; b) the length and complexity of the potential scientific examination rather than convenience for the individual juror; c) the ability of the jury to understand the nature of the issues; d) the interplay of facts and various legal tests that must be applied to those facts; e) conflicting medical evidence; f) the laboriousness and difficulty in recording, remembering, comprehending and collating evidence; and g) whether justice to both parties is better served with or without a jury.
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