The Jury Knows Best

Editor: Chris Lewis

Of late, juries in Nova Scotia have taken quite a beating. Over the past couple of years, courts have been more and more likely to strike jury notices on the basis that the issues are too complex for the average citizen. Despite the view that juries are simply not as equipped to handle complex legal claims as a judge, recent experience with a jury trial proved otherwise.

The case of Andrew Sabean v. Portage La Prairie Mutual Insurance Company involved a claim by Mr. Sabean under SEF 44 of his policy of insurance with Portage. SEF 44, often known as the Family Protection Endorsement, provides additional coverage to an insured over and above an insurance coverage that an at-fault driver may have, up to the limits of the insured's own policy.