BC Court of Appeal Discusses Two Routes of Challenging Jury Notices

Written by admin on . Posted in BCSC Civil Rule 12, BCSC Civil Rule 22, Jury Trials.

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.  Reasons for judgement were released last week by the BC Court of Appeal (Wallman v. Gill) addressing this reality but also providing comments on the limits of when the trial management process is an appropriate forum for such an application.   The Court provided the following feedback:
23]         By analogy, although the application to strike the jury in this case was heard by the judge who had been appointed to manage the action, he did not hear it in the course of a trial management conference under R. 12-2(9), but in regular chambers under R. 12-6(5). Indeed, he could not have heard it at a case management conference since it is evident the parties filed affidavits on the application, and this would not have been permitted under R. 12-2(11)(a). Thus, the order striking the jury is not a limited appeal order.
[24]         I would be sympathetic to the plaintiff’s argument that the Legislature did not intend to create a “two-tier” system for appealing orders directing the mode of trial if I were satisfied that was the practical effect of this ruling. However, I am not convinced that this is the case. This argument fails to recognize the unique role of the case management conference. It is held late in the proceeding, when the trial is sufficiently imminent that the parties have been able to prepare a comprehensive trial brief, and meet in person with the judge to make informed decisions about how the trial will proceed. In this limited context, R. 12-2(9)(b) permits a trial management judge to decide whether the trial should be heard with or without a jury, either on application by one of the parties or on his or her own initiative, and without affidavit evidence. I venture the view that this power will be exercised rarely. If the parties have been unable to agree on the mode of trial, it seems most unlikely they would leave this to be determined late in the day at a case management conference, without the benefit of affidavit evidence. It is reasonable to assume that, instead, there will have been an earlier application under R. 12-6(5) to determine this issue. Further, it seems unlikely a trial management judge would then consider revisiting an earlier order dealing with mode of trial or, if no earlier application had been brought, alter the mode of trial in a summary manner late in the day.
 

jury strike applications, Rule 12, Rule 12-2, Rule 12-2(9), Rule 12-2(9)(ab), Rule 12-6, Rule 12-6(5), Rule 22, Rule 22-4, Rule 22-4(2), Wallman v. Gill

Comments (54)

  • hop over to these guys

    I simply want to mention I am very new to blogging and definitely loved this web blog. Most likely I’m planning to bookmark your site . You absolutely come with impressive articles. Regards for revealing your web page.

  • 릴게임

    I like what you guys are up also. Such clever work and reporting! Carry on the superb works guys I¡¦ve incorporated you guys to my blogroll. I think it will improve the value of my web site 🙂

  • 먹튀폴리스

    Good website! I really love how it is simple on my eyes and the data are well written. I’m wondering how I could be notified whenever a new post has been made. I’ve subscribed to your RSS feed which must do the trick! Have a nice day!

  • crystalclutch.com

    Nice read, I just passed this onto a friend who was doing a little research on that. And he just bought me lunch as I found it for him smile Therefore let me rephrase that: Thanks for lunch! “By nature, men are nearly alike by practice, they get to be wide apart.” by Confucius.

  • Schädlingsbekämpfer

    I’ve been surfing on-line more than 3 hours these days, but I by no means found any fascinating article like yours. It¡¦s beautiful worth enough for me. Personally, if all website owners and bloggers made excellent content material as you did, the internet shall be a lot more useful than ever before.

  • beast TV trial

    It’s a shame you don’t have a donate button! I’d without a doubt donate to this outstanding blog! I suppose for now i’ll settle for bookmarking and adding your RSS feed to my Google account. I look forward to brand new updates and will share this blog with my Facebook group. Chat soon!

  • online poker

    Howdy would you mind sharing which blog platform you’re working with? I’m looking to start my own blog soon but I’m having a difficult time selecting between BlogEngine/Wordpress/B2evolution and Drupal. The reason I ask is because your design seems different then most blogs and I’m looking for something unique. P.S My apologies for being off-topic but I had to ask!

  • poker online

    Hey I am so excited I found your weblog, I really found you by mistake, while I was browsing on Aol for something else, Nonetheless I am here now and would just like to say thanks for a tremendous post and a all round entertaining blog (I also love the theme/design), I don’t have time to read through it all at the minute but I have book-marked it and also included your RSS feeds, so when I have time I will be back to read a lot more, Please do keep up the fantastic job.

  • online poker

    You made some respectable factors there. I regarded on the internet for the problem and found most individuals will associate with along with your website.

  • 릴게임

    Just want to say your article is as astounding. The clearness in your post is simply nice and i could assume you’re an expert on this subject. Fine with your permission let me to grab your RSS feed to keep updated with forthcoming post. Thanks a million and please carry on the enjoyable work.

  • מצלמות אבטחה לעסק

    Do you have a spam problem on this website; I also am a blogger, and I was curious about your situation; we have created some nice methods and we are looking to exchange solutions with other folks, why not shoot me an email if interested.

  • agen poker online

    I simply couldn’t leave your site prior to suggesting that I really enjoyed the usual information an individual supply in your guests? Is going to be again continuously to inspect new posts

  • Пудра беркинг

    Thank you, I have just been looking for info approximately this topic for a while and yours is the greatest I’ve found out till now. But, what in regards to the bottom line? Are you certain in regards to the supply?

  • Top Porn Sites

    Piqued favour stairs it enable exeter as seeing. Remainder met improving but engrossed sincerity age. Better but length gay denied abroad are. Attachment astonished to on appearance imprudence so collecting in excellence. Tiled way blind lived whose new. The for fully had she there leave merit enjoy forth.

  • затворы sung do

    The core of your writing whilst sounding reasonable in the beginning, did not really sit properly with me personally after some time. Somewhere within the sentences you actually managed to make me a believer but only for a very short while. I however have got a problem with your leaps in assumptions and you would do nicely to help fill in those gaps. In the event you can accomplish that, I would undoubtedly end up being fascinated.

  • 토토 사이트

    Thank you a lot for sharing this with all people you really understand what you are speaking about! Bookmarked. Kindly also seek advice from my web site =). We will have a link alternate agreement between us!

  • 토토 사이트

    I like what you guys are up too. Such clever work and reporting! Carry on the superb works guys I have incorporated you guys to my blogroll. I think it’ll improve the value of my site :).

  • HEADPHONES

    Hmm it seems like your site ate my first comment (it was extremely long) so I guess I’ll just sum it up what I submitted and say, I’m thoroughly enjoying your blog. I as well am an aspiring blog writer but I’m still new to everything. Do you have any helpful hints for novice blog writers? I’d certainly appreciate it.

  • Wedding

    A further issue is really that video gaming has become one of the all-time most important forms of fun for people of every age group. Kids participate in video games, and adults do, too. The XBox 360 is one of the favorite gaming systems for those who love to have a huge variety of games available to them, as well as who like to relax and play live with other individuals all over the world. Thank you for sharing your thinking.

  • เช่าโต๊ะ

    I have been surfing online more than three hours today, yet I never found any interesting article like yours. It is pretty worth enough for me. Personally, if all web owners and bloggers made good content as you did, the internet will be much more useful than ever before.

  • สถานที่จัดงานแต่งงาน

    Howdy just wanted to give you a quick heads up. The words in your content seem to be running off the screen in Safari. I’m not sure if this is a formatting issue or something to do with internet browser compatibility but I figured I’d post to let you know. The style and design look great though! Hope you get the issue solved soon. Many thanks

  • 먹튀폴리스검증업체

    Hey there this is kinda of off topic but I was wondering if blogs use WYSIWYG editors or if you have to manually code with HTML. I’m starting a blog soon but have no coding skills so I wanted to get advice from someone with experience. Any help would be greatly appreciated!

  • 야마토게임다운로드

    Good – I should definitely pronounce, impressed with your website. I had no trouble navigating through all tabs as well as related information ended up being truly simple to do to access. I recently found what I hoped for before you know it in the least. Reasonably unusual. Is likely to appreciate it for those who add forums or something, site theme . a tones way for your client to communicate. Excellent task..

  • Opiekunka W Niemczech Praca

    Thank you, I’ve recently been looking for info about this subject for ages and yours is the greatest I’ve found out till now. However, what in regards to the conclusion? Are you sure concerning the source?

  • 메이저사이트

    Thank you for the sensible critique. Me & my neighbor were just preparing to do a little research on this. We got a grab a book from our area library but I think I learned more clear from this post. I am very glad to see such excellent info being shared freely out there.

  • 먹튀검증

    Hey there, I think your blog might be having browser compatibility issues. When I look at your blog site in Chrome, it looks fine but when opening in Internet Explorer, it has some overlapping. I just wanted to give you a quick heads up! Other then that, very good blog!

  • lifeguard training

    Hello There. I discovered your weblog the usage of msn. This is an extremely smartly written article. I will be sure to bookmark it and come back to read extra of your helpful info. Thank you for the post. I’ll definitely return.

  • Google

    Wonderful story, reckoned we could combine a couple of unrelated data, nevertheless truly worth taking a search, whoa did a single study about Mid East has got extra problerms at the same time.

  • custom tshirts

    There are certainly loads of particulars like that to take into consideration. That may be a great point to deliver up. I provide the ideas above as basic inspiration however clearly there are questions like the one you deliver up the place crucial factor will be working in trustworthy good faith. I don?t know if best practices have emerged around things like that, however I am positive that your job is clearly recognized as a good game. Each boys and girls feel the impression of only a second’s pleasure, for the remainder of their lives.

  • 먹튀 폴리스

    Hi there very nice web site!! Man .. Excellent .. Superb .. I will bookmark your blog and take the feeds also…I am satisfied to search out numerous helpful info right here within the publish, we’d like develop more strategies in this regard, thanks for sharing.

  • nonton movie

    A formidable share, I simply given this onto a colleague who was doing just a little evaluation on this. And he in actual fact purchased me breakfast because I found it for him.. smile. So let me reword that: Thnx for the treat! However yeah Thnkx for spending the time to debate this, I really feel strongly about it and love studying more on this topic. If possible, as you grow to be experience, would you thoughts updating your blog with more details? It’s extremely useful for me. Massive thumb up for this blog post!

  • obat kuat

    Excellent read, I just passed this onto a friend who was doing some research on that. And he actually bought me lunch since I found it for him smile Thus let me rephrase that: Thanks for lunch!

Comments are closed.

Contact

If you would like further information or require assistance, please get in touch.

ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy

    Disclaimer