2 total
Leave to late-file jury notice denied due to prejudice from pandemic-related civil jury trial delays.
The defendant brought a motion for leave to deliver a jury notice more than two years after the close of pleadings, citing counsel's inadvertence.
The plaintiff brought a cross-motion to strike the jury notice.
The court found that while the delay was due to inadvertence, granting leave would cause real and substantial prejudice to the plaintiff because the local court had suspended civil jury trials until at least September 2022 due to the COVID-19 pandemic.
The defendant's motion was dismissed, and the plaintiff's motion to strike the jury notice was granted.
Costs awarded on a partial indemnity scale following the dismissal of an action for want of jurisdiction.
The defendants successfully moved to dismiss the plaintiffs' action for want of jurisdiction and sought their costs.
The plaintiffs argued they were impecunious and that no costs should be awarded.
The court held that impecuniosity does not immunize a party from costs, particularly where the action should not have been brought.
The court declined to award full or substantial indemnity costs, finding the plaintiffs' conduct did not reach the required threshold of reprehensible behavior.
Partial indemnity costs were awarded to the defendants, fixed at $25,000 and $35,000 for fees, plus disbursements and HST.
