The plaintiff in a motor vehicle accident personal injury action moved to strike the defendants' jury notice due to the suspension of civil jury trials during the COVID-19 pandemic.
The defendants cross-moved to adjourn the trial to conduct defence medical examinations and obtain expert reports.
The court granted the plaintiff's motion and struck the jury notice, finding that the plaintiff would suffer non-compensable prejudice from trial delay due to statutory deductibles and income loss limits under the Insurance Act.
The court dismissed the defendants' cross-motion, holding that their lack of trial readiness was due to their own failure to diligently seek medical examinations and expert reports.
