When will a jury strike a jury notice in a medical malpractice case?

In Penner v. Hugill, 12 C.P.C. (3d) 99 (BCSC) Hood J. pointed out although an issue may require scientific investigation by the jury in order to be resolved and is of an intricate or complex nature, this does not necessarily mean that it could not be conveniently heard by a jury. As long as the judge is of the opinion that the jury would be able to retain an understanding of the evidence, the jury notice ought not to be struck. Hood J. held that as the medical/legal reports that were before him were “fairly straightforward” (para 13) on the relevant issues, it would not be appropriate to deny a party the right to trial by jury.