Laura Hillyer

The plaintiffs brought a motion to strike the jury notices filed by the defendants in two related actions: a motor vehicle accident claim and a broker negligence claim.

The plaintiffs argued the trial was too complex for a jury and cited uncertainties regarding jury trials due to the COVID-19 pandemic.

The court dismissed the motion, adopting a modified 'wait-and-see' approach, holding that it was premature to strike the jury notices for a trial scheduled seven months away, and that the actions were not too complex for a jury.

The plaintiff brought a motion to strike the defendant's civil jury notice, arguing that the COVID-19 pandemic would cause a delay of 12 to 18 months if the matter proceeded before a jury.

The defendant opposed the motion, advocating for a 'wait and see' approach.

The court granted the motion, finding that the delay caused by the pandemic outweighed the defendant's right to a jury trial, and that justice would be better served by allowing the 10-year-old action to proceed more expeditiously before a judge alone.