The plaintiff brought a motion to strike the defendants' jury notice due to significant delays caused by the COVID-19 pandemic, arguing that the ongoing adjournments were causing prejudice, including the erosion of her claim for past income loss.
The defendants opposed, asserting the right to a jury trial and advocating for a "wait and see" approach.
The court granted the motion, finding that the current and anticipated delays in civil jury trials in the Central East Region, coupled with the possibility of an earlier judge-alone trial, justified striking the jury notice.
The court emphasized that delay in obtaining a civil jury trial date can, by itself, constitute prejudice, aligning with recent Court of Appeal guidance.
