Claim: Boyce alleges injuries from smoke and fumes entering his vehicle due to a defective clutch, leading to lung and cognitive injuries and job loss. He claims against VW for injuries and Economical for unpaid accident benefits.
Procedural History: Filed in 2016; Boyce has been self-represented since 2018. Delays due to Boyce’s health issues and document production problems.
Motion:
Request: Economical moved to strike Boyce’s jury trial request, preferring a judge-alone trial.
Legal Basis: Judicature Act, RSNS 1989, c. 240, s.34, and Civil Procedure Rule 52.02.
Decision:
Outcome: Motion granted. Trial to be conducted by a judge alone.
Reasoning: The complexity of the case and Boyce’s self-representation and health issues would impede a fair trial. The need for expert medical testimony and Boyce’s lack of legal expertise made a jury trial impractical. The court must balance Boyce’s right to a jury trial with ensuring justice.
Order:
Judge-Alone Trial: The court ordered the trial to proceed without a jury. No costs were awarded.
