What practicalities must the court consider in determining whether a plaintiff has a right to a jury trial?
Ontario, Canada
The following excerpt is from Cowley v. Skyjack Inc. et al., 2021 ONSC 1303 (CanLII):
[53] The practicalities which the court must consider include the question of timeliness: “the defendant[s’] prima facie entitlement to a jury trial must yield to the overriding interests of justice that include the just resolution of a civil dispute in a timely manner. The defendant[s’] entitlement must yield to the current realities faced by the court in Ottawa”: Desai v. Labelle, 2020 ONSC 6557, at para. 35.
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