The plaintiffs moved to strike the jury notice of the defendant Gill on the basis that the Corporation of the Town of South Bruce Peninsula, a municipality, was a party to the litigation.
Section 108(2)(1)(xii) of the Courts of Justice Act prohibits jury trials where relief is sought against a municipality.
The defendant Gill sought a "conditional" striking, arguing the jury notice should only be struck if the town remained a litigant at trial.
The court rejected this, finding no substantive reason to delay striking the notice, as the town's potential withdrawal was speculative.
The court distinguished this statutory prohibition from temporary prohibitions (e.g., during the COVID-19 pandemic) where a "wait and see" approach might be appropriate.
The court also noted that allowing the case to remain in the jury stream would cause significant delay, conferring an unfair tactical advantage.
The jury notice was struck, and the defendant Gill was ordered to pay costs to the plaintiffs.
