At an urgent case conference days before a peremptory 10-day non-jury trial, the defendants requested the trial proceed virtually due to the COVID-19 pandemic and defence counsel's heightened health risks.
The plaintiffs opposed, arguing that credibility issues and the need for an interpreter required in-person viva voce testimony.
The court applied Rule 1.08 of the Rules of Civil Procedure and ordered the trial to proceed by videoconference, emphasizing the need to keep matters moving during the pandemic and the unacceptable risk of forcing attendance contrary to medical advice.
