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Leave to file late jury notice granted where delay was inadvertent and caused no prejudice.
The defendant brought a motion for leave to file a late jury notice in an action regarding a disability income policy.
The delay in filing was attributed to the inadvertence of the defendant's counsel over several months.
The court applied the test from Proper v Nikore, finding that the delay was not unconscionable as it was not tactical, and that the plaintiff would not suffer prejudice from the late filing.
The motion was granted with no costs awarded.
