No more Juries for Rule 76 actions

Effective January 1, 2020, there will be no more Juries for Rule 76 claims, which will be for claims between $35,001 and $200,000.

The change is being made to section 108 of the Courts of Justice Act, which concerns Jury trials. There are some exceptions in rule 76 and it’s unclear how sections 108 of the Courts of Justice Act and rule 76 will coexist until the case law develops on that issue.

Like all changes, this comes with its pros and cons. The pro will be streamlined trials, especially for lower value motor vehicle and personal injury matters. The con is the loss of the Jurors for these cases, as the Jury system is the best system for trial.

It is anticipated that many motor vehicle accident and personal injury cases will be shifted from the ordinary procedure (claims over $200,000) and into the simplified procedure to take advantage of this change.

Click here to read about how these changes will increase the value of personal injury firms.

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