A judge has ruled that a jury would be "eminently capable of reaching a just and proper decision" in a case between an injured Chilliwack woman and the Canadian National Railway.

Julie Callaghan was severely injured when attempting to save Matthew Jarvis from an oncoming train on May 26, 2018. Jarvis was in his wheelchair, which was stuck in the train tracks on Broadway Street. Callaghan was not able to free him and he was killed by the train. She was left with lifelong injuries and her right hand had to be partly amputated. She has since been officially commended for her brave actions that day.

Lawyers for CN had applied to strike a jury notice filed by Julie Callaghan's lawyers, arguing that the details of the case would be "very complex" with 14 expert reports in evidence. A hearing was held Jan. 31 in Abbotsford.

Those reports are listed in the judge's March 27 decision and include reports from several medical specialists for all parties involved, and engineer crash reconstructions. There will also be an analysis of law associated with "rescuer liability."

But Callaghan's legal team argued that the case in not more complex than any other motor vehicle crash, and the judge, J. Caldwell, agreed.

Caldwell also included that it is a fundamental right for a party to elect to have a civil trial heard and determined by a judge sitting with a jury. "It is not to be lightly cast aside," Caldwell ruled. "The jury notice should be struck only where a judge is satisfied, under R. 12-6(5)(a) criteria, that the issues cannot be tried fairly by a jury. The onus is on the applicant and is not easily satisfied."

Caldwell wrote that "the legislation and regulations governing the parties are no more complex or confusing than most legislation. The legislation, regulations, and other issues regarding rescuer law can be adequately explained to the jury by the trial judge by way of proper instructions.

"I am not persuaded that the issues are complex or intricate, but even if they are somewhat so, it is not to the extent needed to displace the plaintiff香蕉视频直播檚 right to a trial by judge and jury. I am satisfied that a properly instructed modern jury, working with properly crafted questions, is eminently capable of reaching a just and proper decision."