The defendants say that on the basis of Marshall v. Payne, [1995] B.C.J. No. 2891 (B.C.S.C.), that, although an action may be simple, R. 18A should not be used to deprive the defendant of trial by jury without good reason. This, says the defendants, is particularly the case where the plaintiff’s credibility is challenged with respect to her description of her symptoms.
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