Yin v. Lewin,

• Judge: Hunt,Romaine,Slatter
• Neutral Citation: 2007 ABCA 406
• Citation: (2007), 422 A.R. 263 (CA),2007 ABCA 406,422 AR 263,(2007), 422 AR 263 (CA),422 A.R. 263
• Date: 07 December 2007
• Court: Court of Appeal (Alberta)

Yin v. Lewin (2007), 422 A.R. 263 (CA);

      415 W.A.C. 263

MLB headnote and full text

Temp. Cite: [2008] A.R. TBEd. JA.015

Kishore Polra (appellant/plaintiff) v. Royce Kirby (respondent/defendant)

(0601-0365-AC; 2007 ABCA 406)

Indexed As: Yin v. Lewin

Alberta Court of Appeal

Hunt and Slatter, JJ.A., and Romaine, J.(ad hoc)

December 7, 2007.

Summary:

Defendants in actions for damages exceeding $10,000 for personal injuries sustained in motor vehicle accidents applied under s. 17(1) of the Jury Act to have the actions tried by a jury. The plaintiffs sought a declaration that s. 17(1) was inoperable as being contrary to s. 2(e) of the Canadian Bill of Rights as adopted by the Alberta Bill of Rights via its preamble, s. 7 of the Charter, s. 1(b) of the Alberta Bill of Rights or s. 15(1) of the Charter.

The Alberta Court of Queen's Bench, in a decision reported at 403 A.R. 79; 2006 ABQB 402, dismissed the application. One of the plaintiffs appealed.

The Alberta Court of Appeal dismissed the appeal.

Civil Rights - Topic 908

Discrimination - General principles - Nondiscriminatory laws - Defendants in actions for damages for personal injuries sustained in motor vehicle accidents applied under s. 17(1) of the Jury Act to have the actions tried by a jury - The plaintiffs sought a declaration that s. 17(1) was inoperable due to certain civil rights violations - The trial court dismissed the application - One of the plaintiffs appealed - The Alberta Court of Appeal dismissed the appeal - Requiring some personal injury actions to be tried by a jury did not engage the life, liberty and security of the plaintiff under s. 7 of the Charter - Nor were the injured plaintiffs a discreet and insular minority within the meaning of s. 15 - A trial by jury did not engage the dignity of, nor any historical discrimination against, personal injury plaintiffs - Jury trials had been a feature of Anglo-Canadian procedure for centuries - A jury trial was not contrary to the fundamental principles of justice nor did requiring a jury trial offend any principle of due process.

Civil Rights - Topic 1101

Discrimination - Civil proceedings - General - [See Civil Rights - Topic 908 ].

Civil Rights - Topic 1210

Security of the person - General - Denial of security - What constitutes - [See Civil Rights - Topic 908 ].

Civil Rights - Topic 3227

Trials - Due process, fundamental justice and fair hearings - Civil proceedings - Right to jury - [See Civil Rights - Topic 908 ].

Practice - Topic 5105

Juries and jury trials - Right to a jury - When available - [See Civil Rights - Topic 908 ].

Counsel:

H.N. Hanson, for the appellant;

D.M. Pick, for the respondent;

R.S. Wiltshire, for the Attorney General of Alberta.

This appeal was heard on December 7, 2007, by Hunt and Slatter, JJ.A., and Romaine, J.(ad hoc), of the Alberta Court of Appeal. Slatter, J.A., delivered the following memorandum of judgment orally for the court on December 7, 2007, and filed it in writing on December 18, 2007.