What is the test for delivering a late jury notice?
Ontario, Canada
The following excerpt is from Bexley Trading Inc. v. Ottawa Health Research Institute, 2008 CanLII 68097 (ON SC):
I observe that in circumstances such as this, more is required from the party delivering the late jury notice than to simply rely on the well understood principle that the right to a jury trial is a substantive right which will not lightly be taken away, Legroulx v. Pitre, [2008] O.J. No. 443 (S.C.J.).
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