Somatic Symptom Disorder Not “Too Complex” For Jury Trial
Reasons for judgement were published today by the BC Supreme Court, Vancouver Registry, considering whether a claim involving psychological injury was too complex for a jury trial.
In today’s case (Lee v. Averbach) the Plaintiff was involved in two collisions and sued for damages. The Defendants elected trial by jury. The Plaintiff argued given the medical evidence the claim was too complex for a jury trial. The court disagreed and dismissed the Plaintiff’s application to strike the jury notice. In doing so Master Elwood provided the following reasons: