Joshua Gautreau

The plaintiff brought a motion for leave to amend their Statement of Claim to reduce the monetary amount claimed to $200,000 to proceed under the Rule 76 Simplified Procedure, and to strike the defendant's Jury Notice.

The court found that striking the Jury Notice would cause non-compensable prejudice to the defendant by depriving them of their substantive right to a jury trial.

The court granted leave to amend the claim, but ordered that the monetary limit not be reduced below $200,001.00 to keep the matter out of the mandatory Simplified Procedure rules, thereby preserving the jury trial without causing undue delay or procedural complications.

The plaintiff brought a motion to transfer his action for long-term disability benefits to the Small Claims Court or, alternatively, to continue it under the Rule 76 Simplified Procedure.

The defendant opposed the motion, arguing prejudice due to the loss of its right to a jury trial and the advanced stage of the litigation.

The court dismissed the motion, finding that continuing under Rule 76 would improperly require striking a pre-2020 jury notice, which an Associate Justice lacks jurisdiction to do.

Furthermore, transferring to Small Claims Court at this late stage, after significant discovery and without compensating the defendant for costs thrown away, would be unfair and contrary to the interests of justice.