The Right to a Jury Trial – Principles Reviewed

Case Comment – Walsh v. Kapusin (2009 Ontario Superior Court)

The right to a jury trial is reviewed here, pursuant to both s.108 of the Ontario Courts of Justice Act and also Rule 47.02 of the OntarioRules of Civil Procedure.

As is well established, a trial by jury is a substantial right available to litigants.  Jury notices are only struck out for specific reasons, included those factors listed in s.108(2) of the Ontario Courts of Justice Act.

Here, the plaintiff sought to strike the jury notice filed by the defendant, based on incorrect statements of law by defendant’s counsel in the opening (in addition to being argumentative); and improper cross-examination of the plaintiff and plaintiff’s expert.

The motion was dismissed and the jury notice was not struck out.
Gregory Chang
Toronto Insurance Litigation Lawyer