James L. Vigmond

The plaintiff suffered a traumatic brain injury after being hit by a golf ball hit by the defendant.

The plaintiff brought a motion to increase the damages claimed and to strike the jury notice due to anticipated trial delays caused by the COVID-19 pandemic.

The court granted the amendment to damages on consent.

However, the court dismissed the motion to strike the jury notice, adopting a 'wait and see' approach to determine if the region's new civil trial protocol could accommodate urgent civil jury trials, without prejudice to the plaintiff's right to renew the motion later.

The plaintiff brought a motion to strike two paragraphs from the defendants' Statement of Defence in an action for professional negligence against his insurance brokers.

The impugned paragraphs pleaded statistical data regarding the percentage of Ontario motorists who opted for $1,000,000 in third-party liability coverage.

The court found that the statistical data was not a material fact necessary for the defence and violated Rule 25.06(1) by pleading evidence rather than facts.

The motion was granted and the paragraphs were struck.