Jury Strike Application Succeeds in Complex Personal Injury Case
Earlier this month I highlighted two decisions addressing whether injury trials with numerous expert witnesses were too complex for a jury to hear. The first case dismissed the jury notice and the second case upheld the notice.
This week a futher judgement was released addressing this topic finding a case with 475 pages of expert evidence was too complex for a jury.
In this week’s case (Moll v. Parmar) both the Plaintiff and Defendant filed a jury notice. At the trial management conference the Defendant indicated that a jury trial was still anticipated. As trial neared, however, the Defendant changed their view and brought an application to strike the Plaintiff’s jury notice. Mr. Justice Abrioux found that the case was too complex for a jury and in so doing provided the following reasons:
 What militates against the action proceeding before a jury is the sheer volume of medical reports, and in many instances, the scientific aspect of the evidence. I have reviewed many of the medical and other experts’ reports which were provided to me in October 2012. As I noted above, they comprise approximately 475 pages. The reports refer to other reports and assessments. The neuropsychological reports deal with many different tests, as do the vocational and functional capacity evaluations.
 I emphasize that what is in the record before me are experts’ reports, that is, evidence which, depending on admissibility issues, will be before the trier of fact. In that regard they are to be distinguished from, as I have noted, hospital and other records which may well have much less significance or importance to the trier of fact.
 In my view, there can be little doubt that the issues in this case will require a prolonged examination of documents or accounts or a scientific or local investigation. The plaintiff presents two alternative theories, the first being whether the accident caused an organic brain injury, which is scientifically complex. The reports of the neuroradiologist attest to this…
 I am satisfied that both tests set out in Rule 12-6(5)(a)(i) and (ii) have been met. First this case does involve a scientific investigation which will include a prolonged examination of documents, in particular experts’ reports, that cannot conveniently be heard by a jury. Secondly, the issues are sufficiently intricate and complex that the trial should not proceed with a jury. Justice would not be done if that were to take place. Accordingly, I direct that the trial be heard by the trial judge without a jury.
bc injury law, Moll v. Parmar, Mr. Justice Abrioux, Rul, Rule 12, Rule 12-6, Rule 12-6(5)