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Jury notice struck due to COVID-19 trial delays to allow action to proceed judge-alone.
The plaintiff in a motor vehicle accident claim brought a motion to strike the defendants' jury notice due to the suspension of civil jury trials during the COVID-19 pandemic.
The court granted leave to bring the motion after the action was set down for trial, finding the pandemic constituted a substantial and unexpected change in circumstances.
Applying a five-factor analysis, the court concluded that the plaintiff would suffer prejudice from further delay, while the defendants failed to demonstrate specific prejudice.
The motion was granted, and the matter was directed to proceed as a judge-alone trial.
Appeal dismissed; Ontario assumed jurisdiction over Michigan accident claim based on forum of necessity.
The plaintiffs commenced an action in Ontario for damages arising from a motor vehicle accident in Michigan.
The defendant delayed bringing a motion to dismiss for want of jurisdiction until after the Michigan limitation period had expired.
The motion judge dismissed the defendant's motion, relying on the forum of necessity exception to the real and substantial connection test, citing fairness and access to justice.
The Court of Appeal dismissed the defendant's appeal, finding that the motion judge did not err in exercising his residual discretion to assume jurisdiction given the unique circumstances, including the defendant's delay and changes in the law regarding jurisdiction that occurred after the action was commenced.
