The plaintiff brought a motion to strike the defendants' jury notice due to delay caused by the COVID-19 pandemic.
The action arose from an alleged assault at a festival in 2015.
The court considered the severe backlog of civil jury trials in the Central East Region and the prejudice to the plaintiff from open-ended delay.
The court provisionally struck the jury notice and ordered the matter placed on the non-jury trial list for the May 2021 sittings, with leave for the defendants to move to restore the jury notice if the matter is not reached.