The moving defendants sought leave to extend time to serve and file a jury notice in a long-standing civil action arising from a fire, where damages had already been agreed and only liability remained for trial.
Applying the governing Divisional Court framework, the court considered the circumstances of delay and whether the opposing parties would suffer prejudice.
The court found no meaningful delay, held that the streamlined liability-only issues left ample time to prepare for a jury trial, and rejected the asserted prejudice as unsupported.
The motion was granted.
