Court File and Parties

COURT FILE NO.: CV-13-484854

DATE: 20210602

SUPERIOR COURT OF JUSTICE – ONTARIO

RE: SEWNARINE CHANDARPAL Plaintiff

AND:

JORGE FERREIRA Defendant

BEFORE: Mr. Justice Chalmers

COUNSEL: J. Strype, for the Plaintiff

L. Matthews, for the Defendant

HEARD: June 2, 2021 by videoconference

ENDORSEMENT

[1] The Plaintiff brings this motion for an order striking the jury. The trial of this action was scheduled for the June 2021 civil jury sittings (commencing May 31, 2021). On March 17, 2021, a Notice to the Profession and Public Regarding Court Proceedings was issued under the direction of Chief Justice Morawetz of the Ontario Superior Court. The Notice continued the earlier suspension of civil jury trials and announced that the Court anticipates resuming new jury selection and jury trials on July 5, 2021, at the earliest, in the Toronto Region. As a result of the most recent Notice, the trial of this action will not be conducted with a jury on its scheduled date.

[2] At the beginning of the motion, I advised counsel that I spoke with the trial co-ordinator yesterday and was advised that if the jury was not struck, the matter would be scheduled for the June 2022 civil jury sittings. If the jury was struck the earliest the parties could proceed to a 10-15-day non-jury trial was March 14, 2022.

[3] After a brief adjournment, I was advised that the Plaintiff is withdrawing her motion at this time. The Plaintiff will consider her position and may bring the motion back on at a later date.

[4] No costs were requested with respect to the withdrawal of the motion, and I make no order as to costs.

Date: June 2, 2021