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.
