J. Elamathail

A case conference was held to establish a timetable for three actions arising from a water loss incident.

The moving party confirmed it owned the water heater and did not retain maintenance services, leading the responding parties to seek instructions to dismiss the action against the rental and maintenance companies.

The parties agreed to a schedule for discoveries and to an order that the three actions be tried together.

The plaintiffs brought a motion to strike the defendant's jury notice in a personal injury action arising from a motor vehicle accident.

The plaintiffs argued that the indefinite suspension of civil jury trials in Thunder Bay due to the COVID-19 pandemic would cause severe prejudice, including the erosion of damages due to inflation and statutory deductibles.

The defendant urged a 'wait and see' approach.

The court granted the motion, finding that the local conditions and the indefinite delay of jury trials in the Northwest Region caused real prejudice that outweighed the defendant's right to a jury trial.

Three actions were brought arising out of a water loss incident.

The defendant sought a timetable for the conduct of the actions due to the complexity of scheduling examinations for discovery with multiple parties.

The court directed the defendant to provide information regarding the ownership and maintenance of the water heater to determine if Enercare or Reliance Home Comfort are proper parties.

The case conference was adjourned to establish the timetable and determine the status of the actions against the water heater companies.

The court also indicated a willingness to order the three actions to be tried together upon consent of the parties.