What is the test for a party to elect for trial by jury?

British Columbia, Canada


The following excerpt is from Cridge v. De Vooght et al, 2003 BCSC 2019 (CanLII):

I am going on to continue the quotation from Hoare v. Firestone: "Those cases suggest, however, that a party seeking to elect for 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 i.e., the 21-day period, or that it was prompted, in fact, by a fundamental change in circumstances would not appear, according to the reasoning in those cases, to be enough that a party allow the period limited by the rules to pass without considering the matter of mode of trial and at some time thereafter seek to elect for trial by jury on the basis of the first-time consideration of the matter."

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