The plaintiff requested an urgent motion to strike the defendant's jury notice, arguing that the COVID-19 pandemic would cause a multi-year delay and that jurors taking public transit might be biased against the plaintiff in a claim against the Toronto Transit Commission.
The plaintiff also argued the case was too complex for a jury.
The court declined to schedule the urgent motion, noting that civil jury trials were proceeding in Toronto with social distancing measures, eliminating the delay argument.
The court found the bias argument to be pure speculation and held that any motion to strike based on complexity should be brought before the trial judge using the 'wait and see' approach.
