Is a substantive right of trial by jury in a civil case?

Ontario, Canada


The following excerpt is from Cowles v. Balac, 2006 CanLII 34916 (ON CA):

It is settled law that the right to trial by jury in a civil case is a substantive right and should not be interfered with without [page670] just cause or cogent reasons: King v. Colonial Homes Ltd., 1956 CanLII 13 (SCC), [1956] S.C.R. 528, [1956] S.C.J. No. 32.

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