Meghan Hull

The plaintiffs brought a motion to strike the defendant's jury notice in a motor vehicle accident claim due to severe trial delays caused by the COVID-19 pandemic.

The court granted leave to bring the motion after the action was set down for trial, finding the pandemic constituted a substantial change in circumstances.

The court provisionally struck the jury notice to prevent prejudice to the 83-year-old plaintiff, ordering that the trial proceed by judge alone unless civil jury trials have resumed when the case is called.

The appellants appealed a motion judge's finding that the appellant driver was engaged in the course of her employment at the time of a motor vehicle accident.

The driver was attending a mandatory training session in Mississauga, staying at an employer-paid hotel in Toronto, and driving an employer-owned vehicle.

The Court of Appeal upheld the motion judge's application of the Bazely v. Curry test and dismissed the appeal, awarding $5,000 in costs to the respondents.