Case Studies Details

A complex case was being heard by a jury and Justice Denis Power in Ottawa. The plaintiff’s injuries from an automobile accident presented challenging questions of causation and necessitated the consideration of intricate medical evidence. In a move to throw out the jury notice, the plaintiff’s attorneys argued that the medical concerns were too complicated for the jury. After hearing some of the medical testimony, Justice Power changed his mind and dismissed the jury, even though he had first refused the request at the beginning of the trial. Recognizing that the evidence was too complicated, he used his discretion to allow the judge-only trial to proceed. In a suitable case, the trial judge’s discretion to try the matter without a jury is unaffected by the denial of an order striking a jury notice, as stated in Rule 47.02(3) of the Ontario Rules of Civil Procedure. Shortly after the jury was discharged, the parties reached a settlement that was subject to a challenge to the motion judge’s authority to dismiss a jury for complexity. In addition to being excessively ambiguous and discriminatory against jurors, the defendant insurer believed that the provision for jury dismissal infringed upon their client’s rights under the Charter of Rights and Freedoms. Justice Power was requested to present a unique case and render a decision on the crucial matters. He accepted and encouraged the Ontario Trial Lawyers Association and the Advocates’ Society to take part. I was requested to act as the Ontario Trial Lawyers Association’s representative.