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Plaintiff's jury notice struck as claims sought declaratory and equitable relief over condominium fees.
The defendants brought a motion to strike the self-represented plaintiff's Jury Notice in a complex condominium dispute.
The Superior Court of Justice granted the motion, finding that the plaintiff's claim essentially sought declaratory and equitable relief, including the rescission of a lien and fees, which cannot be tried by a jury under s. 108(2) of the Courts of Justice Act.
The court also held that the complexity and multiplicity of claims justified striking the notice.
Full indemnity costs were awarded to the defendants.
