Court of Appeal

Judge:

The Honourable Justice David P.S. Farrar

Appeal Heard:

December 2, 2013, in Halifax, Nova Scotia

Subject:

Civil Procedure. Judicature Act, R.S.N.S. 1989, c. 40, s. 34. Civil Procedure Rule 52.02 – Right to a Jury Trial.

Summary:

On January 19, 2007, Mary Cyr was involved in a motor vehicle accident with Heath Anderson.  Mr. Anderson sued Ms. Cyr for damages arising out of that accident.

Ms. Cyr admitted fault for the accident and sought to have the trial, which would determine causation for the injuries and the quantum of damages, before a jury. 

Mr. Anderson objected and made a motion to set aside the jury notice.

Justice Robert W. Wright allowed Mr. Anderson’s motion and struck the jury notice.

Ms. Cyr appealed alleging the motions judge erred in striking the jury notice.

Issues:

(1)        Did the motions judge commit a reviewable error by striking the jury notice?

(2)        If so, what is the proper disposition of the appeal?

Result:

Appeal allowed with costs to the appellant on the appeal and on the proceedings below in the amount of $3,000.  The motions judge erred in concluding that there were complex medical and legal issues which led him to conclude that the jury notice should be struck.  The issues to be determined on the trial of the action were issues of fact.  The Court of Appeal undertook an in depth analysis of the law with respect to striking of jury notices.  It concluded this was not a proper case to strike the notice and reinstated it.