Jury Trials in Ontario Civil Cases: When You Can (and Can't) Ask for One

Most people picture a jury when they think about a courtroom trial, but in Ontario civil litigation, juries are actually the exception rather than the rule. Understanding when a jury trial is available — and when it simply isn't an option — helps set realistic expectations if your case is heading toward the Superior Court of Justice.

This guide covers which kinds of civil claims can go before a jury, which cannot, and the practical reasons most disputes end up in front of a judge alone.

The General Right to a Civil Jury

Ontario's civil justice system does allow juries in some Superior Court of Justice actions. A party who wants one generally has to request it formally, within the case's early procedural stages, along with an associated fee. Not every case qualifies, and even where a jury is technically available, either side can ask a judge to remove it in certain circumstances.

Claims That Generally Cannot Go to a Jury

Several categories of Ontario civil claims are not eligible for jury trials at all:

This is a simplified overview. The exact boundaries can be technical, and a specific claim can combine remedies in ways that affect jury eligibility. If having, or avoiding, a jury matters to your strategy, raise it with your lawyer early.

Why Most Cases Proceed Without a Jury

Even where a jury is available, most Ontario civil cases are ultimately decided by a judge alone, for a few practical reasons:

• Jury trials generally take longer and cost more to run than judge-alone trials
• Complex commercial, construction, or technical disputes can be difficult for a jury to manage efficiently
• A judge can strike a jury notice in some circumstances, particularly where the case is unusually complicated
• Many parties simply prefer the predictability of a judge's reasoned decision over a jury's verdict

How a Jury Request Actually Works

A party wanting a jury generally has to file a jury notice within a set window early in the litigation, along with a fee. Missing that window generally forfeits the right to a jury for that action. Because the applicable deadlines and fees are technical and can change, confirm the current requirements with your lawyer rather than relying on general knowledge or an outdated source.

Weighing Whether to Request a Jury

Requesting a jury is a strategic decision, not just a procedural box to check. Some litigants believe a jury will be more sympathetic to their circumstances, particularly in disputes that feel personally unfair; others prefer a judge's structured, reasoned approach, especially in technical or document-heavy cases. Because a jury notice generally must be filed early — often before you know everything about how the case will unfold — this decision is usually best made in consultation with your lawyer rather than on instinct alone.

It's also worth remembering that requesting a jury doesn't guarantee one will actually hear your case. A judge retains the ability to intervene in appropriate circumstances, and a jury notice filed today can still be revisited later in the litigation.

Judge-Alone vs. Jury: What Changes

Beyond who decides the outcome, the practical experience of the trial itself shifts depending on whether there's a jury:

• A judge alone can give detailed written reasons explaining the decision; a jury generally delivers only a verdict, without reasons
• Evidence and legal arguments may be presented differently to accommodate a jury's role
• Scheduling tends to be less flexible with a jury, since jurors' availability has to be coordinated

Frequently asked questions