What is a Civil Jury Trial?

In most civil court cases in Ontario, either party has the right to a jury trial. They make their decision known by filing a Jury Notice with the court after the court action has been commenced. A jury trial means that 6 individuals selected by the parties on day 1 of the trial hear the evidence presented during the trial and decide who is liable and what is the value of the victim’s losses. Jurors have no or very limited legal training because judges, justices of the peace, lawyers and students-at-law are not eligible to serve as jurors (Juries Act, R.S.O. 1990, c. J.3).

Ontario is one of the last provinces in Canada where a party has the right to file a Jury Notice in a civil dispute. Even in Ontario, juries have been eliminated for court cases where the amount claimed for damages is $200,000 or less. Why? Civil jury trials are longer and more expensive to run than judge alone trials.

Reality for Parties in a Jury Trial

Car accident victims recently asked the North Bay Court to strike the Jury Notice filed by the defendant automobile insurer in their court action.  (MacIsaac v. Lounds, 2024 ONSC 2010 (CanLII)) In the MacIsaac decision, the car accident happened in 2014. Two court actions were commenced in 2015 for this accident. The defendant automobile insurer filed a Jury Notice in both actions. The jury trials were scheduled for September 2024 for a maximum of 6 weeks.  One car accident victim estimated that his trial would last 8 to 9 weeks.

In its decision, the court cited the Court of Appeal’s decision in Louis v. Poitras, 2021 ONCA 49: “while a court should not interfere with the right to a jury trial in a civil case without just cause or compelling reasons, a judge considering a motion to strike a jury notice has broad discretion to determine the mode of trial”.

The court ultimately decided to strike the Jury Notice.

The court rejected the automobile insurer’s position that it should adopt a “wait and see” approach by concluding that: “…to commence a trial with a jury knowing that the jury will almost certainly have to be dismissed partly though the trial because of time constraints is a waste of our already limited resources, and unnecessarily disrupts the lives and livelihood of jurors.”

By striking the Jury Notice, the court decided that justice to the parties would be better served by dismissing the jury. The court concluded its decision as follows: “Simply put, North Bay cannot accommodate a jury trial of this duration and complexity, let alone two of them.  The parties have already been prejudiced enough by the age of the case.   It is not only in the interest of justice to strike the jury notice, at this point, it has become necessary.”

What Now?

There is a significant backlog in civil court actions in Ontario. The pandemic amplified this backlog because most civil jury trials were postponed during the pandemic due to provincial health restrictions. Civil jury trials are back but the backlog remains. I doubt that North Bay is the only jurisdiction in Ontario that cannot accommodate long and complex jury trials.

Accident injury victims are now waiting many years (or 10 years like Mr. MacIsaac) to obtain fair compensation for their injuries and losses. During those years, automobile insurers who represent the at-fault drivers have no obligation to make any payments to injury victims. The wait and the increased costs of jury trials impose a significant and unfair burden on injury victims.

If you have an injury claim, visit Burn Tucker Lachaîne’s website for more information.  You can also call us at 613-233-6898 or send us at text at 613-777-0992. Our initial consultation is always free. Nous offrons des services en français et en anglais.

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