The plaintiffs brought a motion to strike the defendants' jury notice due to the suspension of civil jury trials in Ottawa caused by the COVID-19 pandemic.
The defendants brought a cross-motion to compel the injured plaintiff to attend an independent medical examination (IME) without the presence of a support person.
The court granted both motions, finding that the pandemic-related delay justified striking the jury notice to ensure timely access to justice, and that the defendants were entitled to an IME without third-party interference absent medical evidence requiring a support person.
