Jury-Waiver Clauses
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Statutes
Governed by common law.
Cases
Waivers of trial-by-jury clauses are not commonly utilized in Canada, and it is rare for commercial matters to be heard by jury trial in Ontario. However, parties to a commercial agreement could technically contract to waive their rights to a trial by jury. There is no case law to date that addresses the issue of whether such waivers will be enforced in the context of a civil action. However, in the criminal context, defendants have in certain circumstances been permitted to waive their rights to a trial by jury. Thus, it appears that nothing would currently prevent a jury-waiver clause in a commercial agreement from being upheld.
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Contributors
Jonathan E. Fleisher
The statutory information was edited and reviewed with the support of MultiState
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