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Motion to strike jury notice denied; statutory prohibition on juries against the Crown does not apply to Crown agents.
The plaintiff brought a motion to strike the defendant Metrolinx's jury notice in a personal injury action arising from a motor vehicle accident.
The plaintiff argued that because Metrolinx is a Crown agency, section 11 of the Proceedings Against the Crown Act mandated a trial without a jury.
The court dismissed the motion, finding that section 11 applies only to proceedings against the Crown itself, not to proceedings against Crown agents or corporations.
