In Chapelski v. Bhatt, 2009 BCSC 1260, Hinkson J. held that the reasoning in Folk at para. 17: … does not address a point in time past the point of payment of the required fees. He continued at paragraph 17: The reasoning [in Folk] implies that once the point has been passed "the issue of whether a trial is going to be heard by a jury would be conclusively settled".
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