Tanaka v Russell

J.A. Russell demanded the summoning of a jury for the trial of the case in question, as was arranged for by an order given to Vancouver’s sheriff several months prior, by Justice Drake. C.H. Tupper, the plaintiff’s lawyer, argued that there was no need for this application, as the order had been given. Justice Martin stated that the existing order was “wrong” in its providing for a trial in the Assizes, indicating that what was likely meant was a trial before the Civil Sittings. He conferred with Justice Drake, who had originally made the order, and determined that the Sheriff had to receive “special direction” before a jury could be summoned. A new order was issued, directing the Sheriff to assemble a jury for Vancouver’s October Civil Sittings.