Does the expectation of lengthy medical testimony and actuarial evidence about loss of future earnings constitute sufficient grounds to deny a trial by jury?
British Columbia, Canada
The following excerpt is from Mackinnon v. Ebner, 1997 CanLII 644 (BC SC):
Neither the expectation of lengthy medical testimony nor actuarial evidence about loss of future earnings is too difficult for a jury and is not sufficient to deny a trial by jury: Kelly v. Vanhelvoirt (25 August 1978), Vancouver 38047/75 (B.C.S.C.).
Finally, the right to trial by jury is a substantive right of great importance of which a party ought not to be deprived except for cogent reasons: King v. Colonial Homes Ltd., 1956 CanLII 13 (SCC), [1956] S.C.R. 528 at 533.
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