J. Mays

This mid-trial ruling addressed whether the plaintiffs could pursue claims for housekeeping and attendant care losses.

The defendant argued these claims were eliminated during discovery and would cause prejudice.

The court found that the discovery answer regarding "economic component" lacked precision, and the defendant had sufficient notice through pre-trial memoranda and the occupational therapist's report.

The court granted the plaintiffs leave to lead evidence on these past care claims, finding no prejudice to the defendant.

The plaintiffs brought a motion to strike the defendant's jury notice due to trial delays caused by the COVID-19 pandemic.

The trial, arising from a 2012 motor vehicle accident, had been adjourned multiple times and was scheduled for February 2021 in London, Ontario.

Given the suspension of civil jury trials, the elderly plaintiff's failing health, and the financial hardship of the co-plaintiff, the court found that further delay would prejudice the plaintiffs.

The court conditionally struck the jury notice, ordering the trial to proceed judge-alone unless jury trials resumed by the trial date.