What is the test for standing trial by jury in a motor vehicle accident?
Alberta, Canada
The following excerpt is from Lung v. Burnett, 2004 ABQB 442 (CanLII):
The Jury Act gives an applicant a prima facie right to a trial by jury if the action falls within one of the categories in s.17(1): Crossley v. Simpson, [2002] A.J. No. 1032, 2002 ABQB 763. The action which is the subject of the application for a civil jury trial arises from a motor vehicle accident, and the plaintiff’s claim well exceeds the amount prescribed by regulation.
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