What is the test for the right to trial by jury?
Ontario, Canada
The following excerpt is from MacKenzie v. Pallister, 2021 ONSC 1840 (CanLII):
Although the right to trial by jury is an important one, it is far from absolute. It is not a constitutional or quasi-constitutional right. It must yield to practicality. The overriding test is whether it has been demonstrated that justice to the parties will be better served by the discharge of the jury. When applying that test, context is important: see Girao v. Cunningham, 2020 ONCA 260, at para. 171.
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