When a civil trial commences in non-jury cases?

Finally, in Capela v. Rush, 2002 CanLII 49470 (ON SC), [2002] O.J. No. 1527, Sutherland J. canvassed the case law on the issue of when a civil trial commences. He noted that the predominant opinion was that a civil trial begins only when the jury first hears evidence. He observes that although no distinction was made in these cases between jury and non-jury cases, that the language in Kirkpatrick, supra, and in Villeneuve, supra, was consistent with the view that even in a non-jury case, the hearing does not commence until the court has heard evidence. However, Sutherland J. declined to express an opinion on the commencement of the hearing in non-jury cases. He did find that in jury cases, the trial commences with the calling of evidence. Conclusion