R. Franklin

At a pre-trial for a motor vehicle accident case, the parties sought direction on how to proceed given the defendant had delivered a jury notice prior to the January 1, 2020 amendments to Rule 76.

The Master held that the new Rule 76 and section 108 of the Courts of Justice Act prohibit jury trials in simplified procedure actions.

Consequently, actions with pre-2020 jury notices must be converted to the ordinary procedure to preserve the right to a jury trial.

The defendant appealed a master's order dismissing a motion to remove the plaintiff's counsel for alleged conflict of interest.

The defendant argued the lawyer had previously acted for related entities and had been involved in matters connected to employment agreements and a corporate asset purchase that later resulted in an amalgamation.

Applying the principles from MacDonald Estate v Martin, the court held that the former relationship was not sufficiently related to the present retainer to justify disqualification.

The court also found no evidence that relevant confidential information had been imparted.

The appeal was dismissed and the master's decision was upheld.