In what circumstances will a plaintiff be denied a jury trial for damages that are less than the statutory threshold?
Alberta, Canada
The following excerpt is from Fahie v. Rubin, 2006 ABQB 81 (CanLII):
In Carbon v. Young (2004), 353 A.R. 153, 2004 ABQB 95, Kenny J. set aside an order for a jury trial following the plaintiff’s amendment of his claim to an amount less than the threshold. Kenny J. noted that the rationale behind the threshold included concerns of the length and cost of jury trials where a nominal amount of damages is claimed (at para. 8).
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