The plaintiffs in a motor vehicle accident action sought an order that their upcoming trial proceed virtually due to the COVID-19 pandemic and a lack of available courtrooms for in-person civil trials.
The defendant opposed, arguing that credibility and demeanor required an in-person hearing.
The court ordered the trial to proceed virtually, finding that a further two-year delay to accommodate an in-person trial was not in the interests of justice and that credibility could be adequately assessed virtually.
