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.
