The plaintiff brought a motion to transfer his action for long-term disability benefits to the Small Claims Court or, alternatively, to continue it under the Rule 76 Simplified Procedure.
The defendant opposed the motion, arguing prejudice due to the loss of its right to a jury trial and the advanced stage of the litigation.
The court dismissed the motion, finding that continuing under Rule 76 would improperly require striking a pre-2020 jury notice, which an Associate Justice lacks jurisdiction to do.
Furthermore, transferring to Small Claims Court at this late stage, after significant discovery and without compensating the defendant for costs thrown away, would be unfair and contrary to the interests of justice.
