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RULE 45
TRIALS WITH JURY

Analysis



Trial by jury

45.01. Where permitted by The Jury Act or any other Act, the issues of fact and the assessment of damages in a proceeding may be tried by a judge with a jury.

1986 c42 Sch D rule 45.01

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Roll call of jurors

45.02. The Registrar shall, on each day on which the jurors are required to attend, call

             (a)  upon the opening of the Court, the names of all the jurors; and

             (b)  upon any proceeding to be tried with a jury being called for trial, the names of the jurors comprising the jury,

and shall make an entry of the fact when any juror does not answer to his or her name.

1986 c42 Sch D rule 45.02

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Selection of jury

45.03. A jury shall be selected in the manner provided by The Jury Act.

1986 c42 Sch D rule 45.03

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Communication to jury of payment into Court

45.04. A payment of money into Court, or the amount thereof, shall not be communicated to the jury before the verdict is given or questions answered.

1986 c42 Sch D rule 45.04

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Inspection by jury

45.05. The Court may, on the application of any party or on its own motion, authorize the jury to inspect any place or thing involved in a proceeding and make the necessary order therefore.

1986 c42 Sch D rule 45.05

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Objections to a question at a trial with a jury

45.06. Any objection to a question at a trial with a jury shall be governed by the provisions of rule 46.20.

1986 c42 Sch D rule 45.06

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Assessment of damages by jury

45.07. The foregoing provisions of Rule 45 shall, with any necessary modification, apply to the assessment of damages by a jury.

1986 c42 Sch D rule 45.07

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Order of speeches

45.08. The order of speeches at a trial with a jury is governed by the provisions of rule 42.04.

1986 c42 Sch D rule 45.08

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Answers of jury

45.09. (1) Where a jury cannot return a verdict, the proceeding may be retried at the same or any subsequent sittings as the Court may direct.

             (2)  Where a jury answers some but not all of the questions directed to it, or where the answers are conflicting so that an order cannot be made upon such findings, the proceeding shall be retried as provided for in rule 45.09(1).

             (3)  Where the answers of the jury entitle either party to an order in respect of some but not all the causes of action, the Court may enter judgment on the causes of action as to which answers are sufficient and the issues upon the remaining causes of action shall then be retried as provided in rule 45.09(1).

1986 c42 Sch D rule 45.09

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Costs of trial by jury

45.10. Unless it is otherwise ordered, where a proceeding is tried with a jury, the costs shall follow the event.

1986 c42 Sch D rule 45.10