2 total
Jury notice provisionally struck due to anticipated COVID-19 trial delays in Windsor.
The plaintiffs brought a motion to provisionally strike the defendants' jury notices in a motor vehicle accident claim due to anticipated trial delays caused by the COVID-19 pandemic.
The court noted the significant backlog of civil jury trials in Windsor and the prejudice the plaintiffs would suffer from further delay, particularly regarding the statutory reduction of pre-trial income loss.
The court granted the motion, ordering the matter to proceed as a judge-alone trial unless civil jury trials resume in Windsor by the scheduled trial date.
Partial summary judgment granted finding defendant solely liable for left-turn motorcycle collision.
The plaintiff motorcyclist brought a motion for partial summary judgment on the issue of liability following a motor vehicle accident.
The defendant driver had made a sudden left turn into the plaintiff's path of travel.
The court applied the summary judgment framework and utilized its fact-finding powers to resolve conflicts in the affidavit evidence.
The court found the defendant solely liable for the accident, concluding he failed to ensure the turn could be made in safety and failed to see the plaintiff who was there to be seen.
The court found no contributory negligence on the part of the plaintiff.
