Grant E. Black

The plaintiff brought a motion to strike the jury notice in a personal injury action arising from a motor vehicle collision, citing delays caused by the COVID-19 pandemic.

The court considered the factors for striking a jury notice before trial, including local court resources, the age of the case, and prejudice to the parties.

The court found that the plaintiff failed to demonstrate a just cause or compelling reason to strike the jury notice at this time.

The motion was dismissed, with costs awarded to the defendant.

The plaintiff sought to amend the statement of claim to either substitute or add the automobile insurer of the vehicle in which she was travelling when injured in a motor vehicle accident allegedly caused by an unidentified driver.

Although the claim initially named only the plaintiff’s own insurer and her son as defendants, the plaintiff had notified the proposed insurer at an early stage of a potential unidentified motorist claim and provided ongoing information regarding the claim.

The court held that the plaintiff always intended to name that insurer and that it had been on notice of the claim and therefore suffered no prejudice despite the expiry of the limitation period.

Applying Rule 5.04(2) of the Rules of Civil Procedure and s. 21(2) of the Limitations Act, 2002, the court concluded the circumstances justified amendment.

The proposed insurer was added as a defendant rather than substituted because both insurers could potentially provide coverage.