A: ICBC (defending the wrongdoer) or the injured person may elect to have a personal injury trial in the Supreme Court of British Columbia decided by either a judge or by a jury. Certain types of trial procedures for small and medium-sized cases prohibit the use of a jury. (For more details, see the answer to the next question.)

Whenever a jury trial is permitted, ICBC will usually elect to have cases decided by a jury rather than a judge. It does this by filing a Jury Notice. Closer to the trial date, ICBC may elect to have the trial heard by a judge alone if it feels there is a serious risk that a jury will award an injured person more than a judge would award. Some lawyers for injured people file Jury Notices themselves. If the case does not settle and the injured person’s lawyer files the Jury Notice by the required date, ICBC cannot avoid a jury trial if that’s what the injured person wants.

If your injuries are serious, talk to a lawyer to find out if a trial by jury would be a good strategy in your case.