D. Cortinovis

The plaintiff brought a motion to compel the 90-year-old defendant to complete his oral examination for discovery via Zoom.

The defendant opposed, citing advanced age, health issues, and alleged misconduct by plaintiff's counsel during the initial discovery.

The court found the medical evidence to be unpersuasive hearsay and rejected the allegations of counsel misconduct as scandalous and unsupported by the transcript.

The court held that the defendant failed to meet the high onus required to be excused from oral discovery and ordered the examination to resume with accommodations.

The plaintiff brought a motion to strike the defendants' jury notice in a trip and fall action due to ongoing delays caused by 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 and that justice was better served by discharging the jury.

The motion was granted, with leave for the defendants to seek reinstatement if jury trials are permitted when the matter is called.