2 total
Motion to strike jury notice partially granted; trial bifurcated with damages tried by judge alone.
The plaintiffs brought a motion at the start of trial to strike the jury notice served by the defendant, arguing the issues surrounding the plaintiff's severe brain injury were too complex for a jury.
The defendant opposed the motion or alternatively sought bifurcation.
The court found the scientific evidence and damages calculations related to the brain injury were unduly complex and better suited for a judge alone.
However, the court determined the liability issues were straightforward enough for a jury.
The motion was allowed in part, and the trial was bifurcated with liability to be tried by a jury and damages by a judge alone.
Motion for stay of liquor licence revocation dismissed; applicant failed to meet RJR-MacDonald test.
The applicant sought a stay of a Board order revoking its liquor licence pending an appeal.
The Board had revoked the licence after finding the applicant allowed drug sales and drunkenness on the premises.
The applicant argued it should have been allowed to introduce fresh evidence at the Board hearing.
The Divisional Court dismissed the motion for a stay, finding the applicant failed to meet the three-part RJR-MacDonald test, particularly failing to establish irreparable harm and that the balance of convenience favoured a stay.
