What is the test for having a prima facie right to a trial by jury?

Nova Scotia, Canada


The following excerpt is from Geophysical Service Inc. v. Sable Mary Seismic Inc., 2008 NSSC 79 (CanLII):

In Nova Scotia a party has a prima facie right to a trial by jury by virtue of the Judicature Act. This prima facie right should not be taken away lightly. (MacNeil v. Hill the Mover (Can.) Ltd. (1961) 1961 CanLII 416 (NS CA), 27 D.L.R. (2d) 734 (N.S.C.A.).

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