The Right to a Jury Trial in Civil Cases - Constitutionally Protected?

While it has long been held that a Justice has the discretion to strike out a jury, a recent case has examined whether this is unconstitutional as contrary to the Charter. In Legroulx v. Pitre, Mr. Justice Power determined that this judicial discretion is not unconstitutional. In a proper case, a Justice may strike out a jury and the Rules & statutory provisions regarding this were not unconstitutionally vague. Indeed, it was reasoned, a Justice can be better equipped than a jury to deal with the complexities of a case in certain instances. This case has been appealed to the Ontario Court of Appeal, and we will keep you posted regarding this interesting development. At Plant Quinn Thiele, we recognize that your serious personal injury case may be appropriate to be heard by a jury. For a free consultation regarding your personal injury case, contact Todd K. Plant, Plant Quinn Thiele LLP, Ottawa Personal Injury Lawyers, 613-563-1131, www.pqtlaw.com