Chrisgian v. B.C. Rail Ltd., (1991) 1 B.C.A.C. 112 (CA)

• Judge: McEachern, C.J.B.C., Taylor and Wood, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: June 03, 1991
• Jurisdiction: British Columbia
• Citations: (1991), 1 B.C.A.C. 112 (CA)

Chrisgian v. B.C. Rail Ltd. (1991), 1 B.C.A.C. 112 (CA);

    1 W.A.C. 112

MLB headnote and full text

George Chrisgian (plaintiff/appellant) v. B.C. Rail Ltd. (defendant/respondent)

(CA012677)

Indexed As: Chrisgian v. B.C. Rail Ltd.

British Columbia Court of Appeal

McEachern, C.J.B.C., Taylor and Wood, JJ.A.

June 3, 1991.

Summary:

The plaintiff sued the defendant for damages for wrongful dismissal.

The British Columbia Supreme Court proceeded directly to trial, notwithstanding that a jury notice was served by the plaintiff. The plaintiff appealed.

The British Columbia Court of Appeal dismissed the appeal.

Practice - Topic 5105

Juries and jury trials - Right to a jury - When available - The plaintiff commenced an action against the defendant for damages for wrongful dismissal - The plaintiff served a notice for trial by jury on the defendant - The trial judge, pursuant to Supreme Court Rule 18A, exercised his discretion to proceed with the trial, notwithstanding the jury notice - The plaintiff appealed - The British Columbia Court of Appeal refused to interfere with the judge's decision, where the plaintiff had not undertaken examination for discovery despite three adjournments to accommodate the plaintiff and the jury application had been outstanding for eight months at the time it was heard.

Statutes Noticed:

Rules of Court (B.C.), Supreme Court Rules, rule 18A.

Counsel:

R.C. Gibbs, for the appellant;

   M. Greyell, for the respondent.

This appeal was heard before McEachern, C.J.B.C., Taylor and Wood, JJ.A., of the British Columbia Court of Appeal. The decision of the court was delivered by McEachern, C.J.B.C., on June 3, 1991.