Case information

None.

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Charter of Rights - Right to life, liberty and security of the person - Fundamental justice - Right to equality - Civil procedure - Jury trials - Striking out jury notice - Trial judge granting motion by party to discharge jury in a civil action on the grounds of the complexity of the case - Defendants challenging the constitutionality of the jurisprudence supporting a discretion by a trial judge to discharge a jury in a civil matter for complexity - Is there a Charter right to have a trial by a jury in the context of civil actions - Does the fact that a trial judge can discharge a jury in civil cases on the grounds of complexity violate s. 7 and/or s. 15 of the Charter such that it cannot be saved as a reasonable limit under s. 1.

The Respondent plaintiffs commenced an action seeking a large award of damages against the Applicant defendants for personal injuries and damages allegedly resulting from a motor vehicle accident. Causality of the complete and permanent paraplegia suffered by the Respondent Daniel was a central issue at trial. The Applicants delivered a jury notice, and the Respondents moved to discharge the jury on the ground of complexity. The trial judge dismissed the motion, however when the Respondents renewed their motion following their presentation of evidence from three medical experts, the trial judge granted the motion. The action was later settled, on the condition that the Court make an order pursuant to Rule 22.01(2) of the Ontario Rules of Civil Procedure for the determination of the constitutionality of Rules 47.02(2) and 47.02(3) and of the jurisprudence permitting a judge to discharge a jury on the ground of complexity. The Applicants argued that those Rules and jurisprudence were invalid, having regard to sections 7 and 15 of the Canadian Charter of Rights and Freedoms.