What is the test for having a jury in a personal injury action?

British Columbia, Canada


The following excerpt is from Cliff v. Dahl, 2012 BCSC 276 (CanLII):

These issues will need to be considered in the context of the entire case and the other issues at bar, rather than in isolation. In Yewdale v. Insurance Corp. of British Columbia, [1994] B.C.J. No. 2835 (S.C.), Cohen J. found at para. 16 that the combination of the issues in that case made them sufficiently complex that the matter should be tried without a jury: ...when I consider that the trier of fact will have to weigh the evidence and apply the law in an emerging field of jurisprudence to a series of issues complex in character involving different sets of defendants with different sets of duties and standards, allegations of breach of contract, consider a volume of documents, consider alternative legal theories, may have to apportion liability and consider contributory negligence, I am persuaded that this is an appropriate case for determination by a judge without a jury...

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