Kayla Sager

The plaintiff, an actor, sued the defendant production company for personal injuries sustained while filming a commercial.

The defendant brought a motion for summary judgment, arguing the action was barred by a Release and Waiver the plaintiff signed to receive Accident on Set benefits.

The court found the waiver was clear, not unconscionable, and voluntarily signed by the plaintiff after she was given time to review it and ask questions.

The motion for summary judgment was granted and the action was dismissed.

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.