3 total
Jury notice conditionally struck due to anticipated COVID-19 pandemic delays.
The plaintiff, who was injured in a motor vehicle accident while riding her bicycle, brought a motion to strike her own jury notice due to anticipated delays caused by the COVID-19 pandemic.
The plaintiff argued that the delay would cause financial hardship and prejudice under the Insurance Act.
The defendants opposed the motion, arguing that the delay was uncertain and that they preferred a jury trial.
The court found that the anticipated delay would cause significant prejudice to the plaintiff, which outweighed the defendants' preference for a jury.
The court conditionally struck the jury notice, ordering that the matter proceed by judge alone if civil jury trials are not running when the case is called.
Jury notice struck and trial adjournment denied where defendants failed to diligently seek medical examinations.
The plaintiff in a motor vehicle accident personal injury action moved to strike the defendants' jury notice due to the suspension of civil jury trials during the COVID-19 pandemic.
The defendants cross-moved to adjourn the trial to conduct defence medical examinations and obtain expert reports.
The court granted the plaintiff's motion and struck the jury notice, finding that the plaintiff would suffer non-compensable prejudice from trial delay due to statutory deductibles and income loss limits under the Insurance Act.
The court dismissed the defendants' cross-motion, holding that their lack of trial readiness was due to their own failure to diligently seek medical examinations and expert reports.
The court approved a global settlement and structured annuity for a pedestrian under disability injured in a motor vehicle accident.
The Plaintiff, a party under disability, sought court approval for a global settlement of her tort claims against the defendants and statutory accident benefits claims against her insurer.
The court reviewed detailed evidence, including affidavits from the plaintiff's lawyer and the Public Guardian and Trustee, and found the proposed settlement to be in the plaintiff's best interest, approving the monetary elements and the structured annuity payments.
