What is the test for delivering a jury notice after the close of pleadings?

The right to a jury trial has been described as a substantive right conferred by section 108 of the Courts of Justice Act. The exercise of that right is nevertheless limited by the Rules of Civil Procedure. Rule 47.01 requires that a jury notice be delivered before the close of pleadings. The onus is on the party seeking to deliver a jury notice after the close of pleadings to establish that: • The failure to deliver was inadvertent; • the delay is not unconscionable; and • there is no real prejudice to the other party. (See the leading case Jackson et al v. Hautala et al (1983), 1983 CanLII 1974 (ON SC), 42 O.R. (2d) 153 (Ont. Div. Ct.); Inadvertence: