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

Ontario, Canada


The following excerpt is from Sanson v Paterson/Security National Insurance Company, 2022 ONSC 276 (CanLII):

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.

Other Questions


What is the test for having a jury trial in a civil case? (Alberta, Canada)
What is the effect of having to be found to be inadmissible evidence in a civil case? (British Columbia, Canada)
What is the case law on the re-opening of a plaintiff’s case in a civil case? (British Columbia, Canada)
What is the duty of a civil servant to explain to a panel in a civil case? (Canada (Federal), Canada)
Can a motion judge strike a jury in a civil case because of the increased uncertainty in the Ottawa area due to the delay for any civil jury trial, in Ottawa? (Ontario, Canada)
What is the effect of the Rules of Civil Procedure and Procedure of striking a jury in a civil case? (British Columbia, Canada)
What is the test for having a jury in a civil matter? (Alberta, Canada)
What is the burden of proof in a civil case? (Nova Scotia, Canada)
What is the test for admitting new evidence in a civil case? (Nova Scotia, Canada)
What is the test for determining whether or not support should be awarded to a plaintiff in a civil case? (Ontario, Canada)