In the wake of the Covid-19 Pandemic one of the many directions of the BC Supreme Court was that jury trials could not proceed for the time being creating a balancing of interests between trials proceeding in a timely fashion vs the right of a party to have their preferred mode of trial.
Today reasons for judgement were pronounced considering this direction and ultimately striking a civil jury desired by a Defendant in a personal injury claim.
In today’s case (Cheung v. Dhaliwal) the Plaintiff was injured in a 2016 collision. The claim was set for trial on June 22, 2020. Both liability and quantum were at issue. The Defendant desired trial by jury which would have resulted in an adjournment. The plaintiff brought an application to strike the jury notice so it could proceed on the date set. In finding the prejudice to the Plaintiff in adjournment outweighed the prejudice to the Defendant by having a judge alone trial Master Vos provided the following reasons: