The plaintiff brought a motion to strike the defendants' jury notice in an action alleging excessive force by police officers.
The plaintiff argued that because the Woodstock Police Services Board is funded by the municipality, the action constitutes relief against a municipality, which precludes a jury trial under section 108(2) of the Courts of Justice Act.
The court rejected this argument, finding that the Police Services Board maintains independence from the municipality and that an action against the Board is not equivalent to an action against the municipality.
The motion to strike the jury notice was dismissed.
