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Striking A Vancouver Personal Injury Jury Notice

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Striking a Vancouver Personal Injury Jury Notice

Our Vancouver Personal Injury lawyers are adept at dealing with ICBC car accident cases where striking a Vancouver personal injury jury notice is involved.

The test is relatively straightforward but when someone applies for an order striking a Vancouver personal injury jury notice millions of dollars can be on the line. It pays to call the MacLean Personal Injury team toll free across BC at 1-877-602-9900. We have 4 offices across BC in Fort St John, Vancouver, Surrey and Kelowna BC. Jury trials are what everyone thinks of when you think of a trial on Tv or in the movies. Striking a Vancouver personal injury jury notice occurs before the trial starts and is a key weapon in our MacLean Personal Injury trial lawyer’s arsenal.

Vancouver personal injury lawyer Lorne MacLean, QC

Vancouver personal injury lawyer Lorne MacLean, QC

In the recent BCCA Court of Appeal case in Rados v. Pannu, an ICBC personal injury appeal was dismissed regarding an order refusing to strike a jury notice on the grounds that the judge did not apply the wrong test and was  not clearly wrong in the exercise of his discretion.

Proper Test For Striking A Personal Injury Jury Notice

 

[2]             The appellant acknowledges that the decision whether to strike a jury notice engages the court’s discretion. Accordingly, to succeed on this appeal the appellant must demonstrate that the chambers judge made an error in principle. He does not dispute the test set out by this Court in Wallman v. Gill, 2013 BCCA 409 at paras. 7‑8:

The decision to strike a jury notice is a discretionary one that relates to the management of a trial and may not be interfered with lightly on appellate review: MacPherson v. Czaban, 2002 BCCA 518. Absent an error of principle, or failure to give sufficient weight to all relevant considerations, deference must be accorded to such an order.

The legal test to be applied on review of a discretionary order is whether the judge “has given weight to all relevant considerations”: Mining Watch Canada v. Canada (Minister of Fisheries & Oceans), 2010 SCC 2, [2010] 1 S.C.R. 6 at para. 43. …

[7]             In my opinion, the chambers judge correctly stated and applied the test for striking a jury notice where issues require prolonged examination of documents, a scientific or local investigation, or are found to be intricate or complex. This test was set out by this Court in Nichols v. Gray (1978), 9 B.C.L.R. 5 (C.A.) at 14:

On the basis of the evidence before him, the chambers judge may find or may decline to find:

  1. That the issues require prolonged examination of documents or accounts;
  2. That the issues require a scientific or local investigation; or
  3. That the issues are of an intricate or complex character.
  • When he makes those findings he is not, at that stage, exercising a discretion, but, rather, making findings of fact on the basis of evidence.
  • If, after considering the evidence, he does not make one of those findings, then there is no ground for granting the order.
  • However, if the evidence is such that one or more of those findings of fact is made, or should be made, then the judge is required to exercise the discretionary jurisdiction contemplated by the subrule.
  • If the finding is either that the issues require prolonged examination of documents or accounts, or that the issues require a scientific or local investigation, then the discretion must be exercised in relation to the question of whether the examination or investigation can be made conveniently with a jury.
  • If the finding is that the issues are of an intricate or complex character then the discretion must be exercised in relation to the question of whether the trial should be heard by the court without a jury. Clearly the discretion in the latter case has a broader amplitude.

Striking a Vancouver personal injury jury notice is a crucial application that has major consequences to an injured party’s case. You cannot afford any mistakes when it comes to striking a Vancouver personal injury jury notice. When you have already been injured and suffered a loss it’s crucial you increase the odds to make sure you move forward successfully to recover the most money you are fairly entitled to.



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