Sentences with phrase «jury notice»

[11] In addition, there were several pre ‑ trial applications, most of which were of ordinary difficulty, but one involved the plaintiff's successful motion to strike the defendants» jury notice on the basis that the case had become complex and would be too lengthy for a jury to retain the evidence.
BC Injury Law And ICBC Claims Blog BC Court Of Appeal Discusses Two Routes Of Challenging Jury Notices Last year I discussed the fact that the BC Supreme Court can deal with Jury Strike applications both under Rule 12 - 6 (5) and also as part of the trial management process.
Of 231 jury notices sent out to the various reserves in the area, 229 came back undeliverable.
cit., at page 3 where she described discovery as a «watershed event» in determining the issue of prejudice concerning a late jury notice.
A recent decision of Mew J., provides an excellent, comprehensive, summary of the law on civil jury trials including the law pertaining to the fundamental right to a jury trial and a detailed discussion of the law pertaining to a judge's discretion to strike a jury notice.
The vast majority of personal injury and civil cases are issued with a jury notice, and consequently rarely have a reported decision with a trial amount unless it is appealed on quantum, costs, or an unrelated point of law.
The Jury Notice was filed beyond the 21 day notice period provided... Continue reading →
Reasons for judgment were published today by the BC Supreme Court, Vancouver Registry, dismissing a plaintiff request to strike a jury notice in an ICBC injury claim.
The Defendant brought an application to strike the jury notice but failed to do so within the timelines required by Rule 12 - 6 (5).
The ability to apply to strike the jury notice outside the strict time limit was necessary to ensure a fair trial and the court's ability to respond to a change in circumstances surrounding the conduct of a trial.
Rule 12 - 6 (5) imposes a 7 day deadline in which to dispute a jury notice.
The Plaintiff's claim was set for trial and the Plaintiff filed a jury notice.
A trial management conference was held and the Defendant brought an application to strike the Plaintiff's Jury Notice.
Many judges have adopted the practice not only of warning the jury in terms similar to what the judges in these two cases did, but also handing the jury a notice setting out what they must and must not do and the penal consequences of any breach.
[21] Mr. Sokol argued that there is considerable prejudice to the Minister due to the late service of the jury notice.
He also argued that the integrity of the mediation process would be undermined if a jury notice served two days after the mediation, such as this one, was not struck.
The Master also made mention of a mediation that had taken place prior to the jury notice.
He argued that the examination for discovery of Leadbetter and the mediation would have been done differently by the Minister had a jury notice been properly served.
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