The plaintiff, injured while a passenger on a bus, brought a motion to strike the jury notice due to COVID-19 delays and to permit witnesses to testify virtually.
The defendants brought a cross-motion to amend their Statement of Defence to allege contributory negligence and failure to mitigate.
The court granted the defendants' motion to amend, finding the proposed amendments legally tenable.
The court dismissed the plaintiff's motion to strike the jury notice at this time, noting the availability of jury trial facilities in Toronto and the substantive right to a jury, but adjourned the trial.
The court granted the request to allow witnesses to testify by video conference, subject to notice requirements.
