What is the test for having a jury in a civil case?

The right to a civil jury trial is a substantive and statutory right. However, it is qualified and subject to the overriding interest of the administration of justice and the issues of practicality (Lois v. Poitras, supra at paragraph 24). The plaintiff has met her onus to show that the circumstances are such that the trial ought to proceed without a jury, if necessary.