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 defendant in a personal injury action brought a motion to stay an order striking out the parties' jury notices pending her appeal.

The trial was scheduled to proceed before a judge alone due to COVID-19 pandemic delays affecting civil jury trials.

Applying the RJR-MacDonald test, the motion judge found that the appeal lacked merit as the order was likely interlocutory, the defendant would not suffer irreparable harm, and the balance of convenience overwhelmingly favoured proceeding with the long-delayed trial.

The motion for a stay was dismissed.

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.