Striking the Jury – Why, When and How

Author(s): L. Craig Brown

April 1, 2009

In most personal injury cases in Ontario a jury notice is served by the plaintiff, the defendant or both at the commencement of the action and the case proceeds to trial with a jury. Occasionally, however, motions to strike a jury notice are called for – most often where the complexity of the case has increased to the point where counsel feels that a jury, properly instructed, would have considerable difficulty coping with the evidence.

Where the jury notice is served by the defence in a case where the plaintiff would have preferred a trial by judge alone, tactical issues (discussed below) may provide additional motivation for a motion to strike the jury on the grounds of complexity in a proper case.

Read full article: Striking the Jury – Why, When and How by Craig Brown

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