What is the threshold question on an application to strike a jury notice?
British Columbia, Canada
The following excerpt is from Norsworthy v. Greene, 2009 BCSC 617 (CanLII):
There is a threshold question on any application to strike a jury notice whether the material filed provides a factual foundation for the exercise of discretion. See MacPherson v. Czaban, 2002 BCA 518, at para. 16. The plaintiff has filed some but not all the materials relating to issues surrounding the interpretation of certain X‑rays. For the purpose of exercising my discretion, I limit myself to the filed material.
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