What is the test for dispensed with?

British Columbia, Canada


The following excerpt is from Donaldson v. Dorworth, 2016 BCSC 1385 (CanLII):

Having found as fact that the issues require a prolonged examination of documents and a scientific investigation, I turn to whether the jury ought to be dispensed with. As was explained by Lambert J.A. in Nichols v. Gray, the discretion that arises in relation to the examination of documents and the scientific investigation is to be exercised particularly in relation to whether the examination or investigation can be made conveniently with a jury.

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