The plaintiff brought a motion to conditionally strike the defendant's jury notice in a personal injury action arising from a 2008 motor vehicle accident.
The trial had previously resulted in a mistrial in January 2020 due to the plaintiff's health crisis.
Citing the ongoing COVID-19 pandemic and the resulting backlog of civil jury trials in Brampton, the plaintiff argued that further delay would cause prejudice, particularly regarding income loss limits and increasing statutory deductibles under the Insurance Act.
The court granted the motion, conditionally striking the jury notice to allow the trial to proceed before a judge alone if a jury trial could not be accommodated during the January 2022 sittings.
