What are the relevant considerations to a judge when deciding whether or not to order trial by jury in a personal injury case?

Alberta, Canada


The following excerpt is from Wenger v. Marien, 1977 CanLII 584 (AB QB):

Ward v. James, [1966] 1 Q.B. 273, [1965] 1 All E.R. 563, is an interesting case in which Lord Denning examines, in detail, the manner in which courts, having a discretion as to whether a case should be tried by a jury, should exercise their discretion. In the course of his excellent and long judgment he is reported at p. 571 to have said: “The cases all show that, when a statute gives a discretion, the courts must not fetter it by rigid rules from which a judge is never at liberty to depart. Nevertheless the courts can lay down the considerations which should be borne in mind in exercising the discretion and point out those considerations which should be ignored. This will normally determine the way in which the discretion is exercised and thus ensure some measure of uniformity of decision. From time to time the considerations may change as public policy changes, and so the pattern of decision may change. This is all part of the evolutionary process. We have seen it in the way that discretion is exercised in divorce cases. So also in the mode of trial. Whereas it was common to order trial by jury, now it is rare. “Relevant Considerations Today. Let it not be supposed that this court is in any way opposed to trial by jury. It has been the bulwark of our liberties too long for any of us to seek to alter it. Whenever a man is on trial for serious crime, or when in a civil case a man’s honour or integrity is at stake, or when one or other party must be deliberately lying, then trial by jury has no equal. But in personal injury cases trial by jury has given place of late to trial by judge alone, the reason being simply this, that in these cases trial by a judge alone is more acceptable to the great majority of people.” And at p. 576 to have said: “The result of it all is this. We have come in recent years to realise that the award of damages in personal injury cases is basically a conventional figure derived from experience and from awards in comparable cases. Yet the jury are not allowed to know what that conventional figure is. The judge knows it, but the jury do not. This is a most material consideration which a judge must bear in mind when deciding whether or not to order trial by jury. So important is it that the judge ought not, in a personal injury case, to order trial by jury save in exceptional circumstances. Even when the issue of liability is one fit to be tried by a jury, nevertheless he might think it fit to order that the damages be assessed by a judge alone.”

Other Questions


How has the trial judge determined the individual share of family expenses in a personal injury case? (Alberta, Canada)
In what circumstances will a judge review an order for a civil jury in a personal injury case? (Alberta, Canada)
Can a court order all court-ordered sales of a personal injury property be exempt from all court ordered sales? (Alberta, Canada)
Is there a plaintiff in a personal injury case who pleads a certain amount in damages and then amend that prayer as and when the extent of the injuries is learned? (Alberta, Canada)
If a judge makes an order requiring notice to be given, does the judge have the authority to vary or revoke the order? (Alberta, Canada)
Is there any case law where a trial judge was bound to apply the concept of the last clear chance extracted from the case? (Alberta, Canada)
How has the court interpreted the definition of a personal injury policy in the context of personal injury claims? (Alberta, Canada)
What is the case law on fiduciary obligations of an individual in a personal injury case? (Alberta, Canada)
What is the test for “case splitting” in a personal injury case? (Alberta, Canada)
What is the difference between a chambers judge and a trial judge? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.