The plaintiff, as the party moving to strike the jury notice, bears the onus of showing that there are features in the legal or factual issues to be resolved, in the evidence, or in the conduct of the trial which merit the discharge of the jury. In the end, the court must decide whether the moving party has shown that justice to the parties would be better served through a trial with a judge, without a jury. (Cowles v. Balac; 83 O.R. (3d) 600 at para. 37.)
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