What is the difference between a party seeking to strike a jury notice at an early date and then postponing the hearing of the application?

British Columbia, Canada


The following excerpt is from Huang v. Silvercorp Metals Inc., 2016 BCSC 1052 (CanLII):

As was observed by Madam Justice Garson in Forliti v. Woolley, 2003 BCSC 353, it appears to be quite common for a party seeking to strike a jury notice to an apply at an early date, as required by the Rules, and then to postpone the hearing of the application until pre-trial motions are completed and expert reports have been produced. I also accept, as was noted by Mr. Justice Esson in Sadowick v. Dobbay, [1982] B.C.J. No. 447 (S.C.), that the loss of the original trial date is often a regrettable but, in many cases, justifiable result. The reason that is a justifiable result, however, is key to the analysis. As was made clear by Mr. Justice Esson in Sadowick, at para. 14, the delay is justified in cases where the real issues cannot be defined until discovery has been completed and the parties know what the expert evidence will be.

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