Originally published on Slaw.
Subject to limited exceptions, all parties litigating in Superior Court have the right to have the issues of fact tried, or the damages assessed, or both, by a jury.
Despite this fundamental right, civil jury trials are much more rare than trials conducted by judge alone.
A recent decision of Mew J., provides an excellent, comprehensive, summary of the law on civil jury trials including the law pertaining to the fundamental right to a jury trial and a detailed discussion of the law pertaining to a judge’s discretion to strike a jury notice.
The decision is a useful read for those considering utilizing a jury trial, as well as for those who are simply interested in learning about a facet of our justice system that often does not receive significant discussion.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.