The defendants brought motions for leave to file a jury notice and to compel answers to undertakings, while the plaintiff brought a motion for answers to refusals.
The action arose from a motor vehicle accident and was initially commenced under the ordinary procedure, moved to the simplified procedure, and then moved back to the ordinary procedure due to the anticipated length of the trial.
The court granted the defendants leave to file a jury notice, finding the change in procedure constituted a substantial change in circumstances.
The court also ordered the plaintiff to answer an outstanding undertaking regarding her EI file but dismissed the plaintiff's motion regarding refusals.
Costs of $9,000 on a substantial indemnity basis were awarded to the defendants.
