The defendant insurer brought a motion to strike a jury notice in a complex insurance dispute involving allegations of fraud, breach of fiduciary duty, and disputed policy values.
The plaintiff sought declarations regarding the validity and terms of two life insurance policies and their cash surrender values, while also claiming substantial damages.
The court held that the core issues concerned the legal status and interpretation of the insurance agreements, constituting declaratory relief within the meaning of s. 108 of the Courts of Justice Act, which mandates that such claims be tried without a jury.
The court further found that the extensive factual issues, competing expert actuarial and forensic accounting evidence, and complex legal doctrines rendered the case unsuitable for jury determination.
The jury notice was therefore struck.
