The plaintiff brought a motion to strike the jury notice in a personal injury action arising from a motor vehicle accident, citing trial delays caused by the COVID-19 pandemic.
The plaintiff also sought an Order to Continue following the death of one of the defendants.
The court granted the Order to Continue but dismissed the motion to strike the jury notice, finding that the delay was partially attributable to the parties and that the anticipated delay in Toronto was not sufficient to deprive the defendants of their substantive right to a jury trial.
