Michael Edward Giordano

The plaintiff moved to amend her claim to continue the action under the simplified procedure, which would require striking the defendant’s jury notice.

The defendant opposed, arguing prejudice if deprived of a jury trial and that the trial would exceed the five-day limit of the simplified rules.

The court found the trial could be completed within five days with proper management and that striking the jury notice would not cause non-compensable prejudice.

The court ordered the action to proceed under the simplified procedure, struck the jury notice, and awarded costs to the plaintiff.

The defendant Church brought a motion for summary judgment to dismiss a slip and fall claim by the plaintiff, who suffered injuries in the Church's icy parking lot.

The Church argued it had a reasonable winter maintenance system and that the plaintiff willingly assumed the risk.

The court dismissed the motion, finding genuine issues requiring a trial regarding whether the Church breached its duty of care under the Occupiers' Liability Act and whether the plaintiff's actions constituted a willing assumption of risk under the narrow interpretation of the volenti doctrine.