What is the test for retaining or discharging a jury in a personal injury case?
Ontario, Canada
The following excerpt is from Calvin Forest Products Ltd. v. Tembec Inc., 2004 CanLII 50062 (ON SC):
As stated in my previous decision, I agree with the statement by Hennessy J. in Montpellier v. Montpellier, [2000] O.J. No. 1921 that the essential question to be determined is whether justice to the litigants in the present case will be better served by the retention or discharge of the jury. I am also mindful of the substantive right of a plaintiff to trial by jury.
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