What is the test for bringing a jury trial after the expiry of a notice of trial?
British Columbia, Canada
The following excerpt is from Joshi v. Vien, 2003 BCSC 1772 (CanLII):
In Lanci v. Marpole Transport Ltd., 2000 BCSC 1227; [2000] B.C.J. No. 1701 (Q.L.) (S.C.) the jury notice was filed and delivered about three years after the notice of trial. The court considered case authorities that stood for the principle that the party seeking to elect a jury trial after expiry of the period limited by the Rules, must satisfy the court either that the wish or intention to do so existed during the period so limited, or that it was prompted by a fundamental change in circumstances.
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