Subject to limited exceptions, all parties litigating in Superior Court have the right to have the issues of fact tried, or the damages assessed, or both, by a jury.
Despite this fundamental right, civil jury trials are much more rare than trials conducted by judge alone.
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 decision is a useful read for . . . [more]