V. Genova

The plaintiff brought a motion to strike the defendant's jury notice in a motor vehicle accident action due to ongoing COVID-19 trial delays.

The court granted leave under Rule 48.04(1) to hear the motion, noting the substantial and unexpected change in circumstances caused by the pandemic.

Balancing the parties' interests and the severe backlog of civil and criminal jury trials in London, the court conditionally struck the jury notice, provided the matter is called for a judge-alone trial during the weeks of May 10 or 17, 2021.

If judicial resources are unavailable then, the jury notice will be maintained without prejudice to the plaintiff's right to renew the motion closer to the rescheduled trial date.

The plaintiff, a self-represented litigant in a wrongful conviction action, brought a motion to appoint a non-lawyer with a history as a vexatious litigant as an amicus curiae to assist him during examinations for discovery.

The Crown defendants brought a cross-motion to exclude the non-lawyer from attending further discoveries due to his disruptive conduct.

The court dismissed the plaintiff's motion, finding that the non-lawyer did not meet the criteria for an amicus curiae and that his appointment would violate the Rules of Civil Procedure and the Law Society Act.

The court granted the Crown defendants' motion, barring the non-lawyer from attending further discoveries due to his history of disruptive behaviour and failure to comply with previous court directions.

The court also permitted the plaintiff to attend the discoveries of the companion action plaintiffs by video or telephone.