This case explains how to apply to strike a jury notice in a motor vehicle case. The claimant applied to strike the jury due to complex medical causation issues. He argued that somatic symptom disorder, SSD, was far too difficult for a jury to understand.(Lee v. Averbach, 2019 BCSC 1280). The court disagreed and did…
The Supreme Court ruled this accident injury claim too difficult for a jury. The ruling of Master Dick found the injury case required prolonged examination of documents and scientific investigation. The Master allowed the application to be heard after the filing of a second Jury Notice, which appears to have extended the time for applying to strike the…
In our Province, even insurance companies have a right to a jury in personal injury matters. We review an application by an injury claimant to strike a jury notice on the grounds the case was too complicated and required scientific investigation. The personal injury case arose from a motor vehicle accident that occurred in Delta, British Columbia (Khan v.…
A jury trial is a presumptive right in a personal injury action. This car accident injury occurred on Salt Spring Island when another vehicle, travelling in the opposite direction, turned left and into the path of the claimant’s vehicle. Given the complicated mental injury claim and other legal issues the claimant applied, unsuccessfully, to have the jury struck.…
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