Jennifer E. Bezaire

Following a successful motion to strike the defendant's jury notice due to COVID-19 delays, the plaintiffs sought partial indemnity costs of $14,885.98.

The defendant argued for costs in the cause or a reduction, noting the novelty of the issue in Windsor.

The court found the issue was not legally novel enough to warrant no costs, but agreed the plaintiffs' claimed hours were excessive.

Costs were fixed at $8,000 payable in the cause.

The plaintiffs moved to strike the defendant's jury notice and requested a judge-alone trial, potentially virtual and in tranches, citing substantial trial delays due to the COVID-19 pandemic.

The defendant opposed, arguing for the preservation of the right to a jury trial and suggesting a "wait and see" approach.

The court granted leave for the motion, finding a "substantial or unexpected change in circumstances" due to the pandemic.

Considering the local court conditions in Windsor, including limited courtroom capacity and a significant backlog of criminal and family cases, the court determined that a civil jury trial would face inevitable and considerable delay into 2022 or beyond.

The court found that the delay constituted prejudice to the plaintiffs, outweighing the defendant's right to a jury trial, and that a judge-alone virtual trial would better serve the interests of justice by providing a more expeditious resolution.