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.
