The plaintiff, Claudine Benjamin, brought an action against Primerica Life Insurance Company of Canada, Masoud Movahedi, and Hooper-Holmes Canada Ltd. Primerica moved to strike the jury notice, arguing the plaintiff claimed declaratory relief or that a mixed jury/non-jury trial was impractical.
The plaintiff cross-moved to serve a jury notice in a previously consolidated action.
The court set aside the consolidation order, granted the plaintiff's unopposed motion to serve a jury notice in the second action, and dismissed Primerica's motion to strike the jury notice.
The court found that the plaintiff's claim, though framed as a "declaration," was in essence a claim for damages based on factual findings regarding insurance coverage, not purely declaratory relief under s. 108(2) of the Courts of Justice Act.
