The Plaintiffs brought a motion for leave to bring the motion and an order to strike the Defendants' jury notice, seeking to proceed with a judge-alone trial due to delays caused by the COVID-19 pandemic.
The Defendants opposed, arguing their right to a jury trial is substantive and it was premature to strike the notice.
The court granted the Plaintiffs' motion, finding that the pandemic constituted a substantial and unexpected change of circumstances, and that the indeterminate delay in securing a jury trial date prejudiced the Plaintiffs, particularly regarding their income loss claim under the Insurance Act.
The court emphasized the need for timely and affordable access to justice, especially during the unprecedented crisis facing the civil justice system.
