Waiver of jury trial
A waiver of jury trial is a choice or agreement to have a case decided by a judge alone rather than a jury. In BC civil cases, trial is by judge alone unless a party files a jury notice and pays jury fees, so there is usually no need to waive a jury. Pre-dispute contractual jury waiver clauses are a US practice.
How BC law treats it
Under Rule 12-6 of the Supreme Court Civil Rules, a party who wants a civil jury must file a jury notice and pay the jury fees, and the court may order that a trial proceed without a jury, for example in complex matters.
What it means for your business
In a BC commercial dispute, expect a judge alone trial unless a party takes steps to request a jury.
Risks and common mistakes
Copying US jury waiver clauses into BC contracts adds little and may signal that a contract was not adapted to BC law.
Fulcrum's litigation lawyers can help with these issues.
General information about British Columbia and Canadian law, current to October 2026. It is not legal advice.
