Does a plaintiff have to pay the costs of a jury trial?
Alberta, Canada
The following excerpt is from Wolf v. Shaw, 1999 ABQB 452 (CanLII):
The defendants argue that they had the right to proceed by way of trial by jury. They were successful and therefore the plaintiff ought to bear the burden of jury costs. They cite the case of Wagner v. Parker [1998] B.C.J. No. 172 (B.C.S.C.), where this precise issue was decided. The court found that the choice of trial by jury ought not to be a consideration so as to deny the defendants their costs.
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