V. Popescu

The defendant brought a motion for leave to deliver a jury notice more than two years after the close of pleadings, citing counsel's inadvertence.

The plaintiff brought a cross-motion to strike the jury notice.

The court found that while the delay was due to inadvertence, granting leave would cause real and substantial prejudice to the plaintiff because the local court had suspended civil jury trials until at least September 2022 due to the COVID-19 pandemic.

The defendant's motion was dismissed, and the plaintiff's motion to strike the jury notice was granted.

The applicant, a medical cosmetic care business operated by a registered nurse, sought a declaration that it was exempt from COVID-19 shutdown regulations because it provided health care services.

The Thunder Bay District Health Unit had directed the business to close on the basis that it provided personal care services.

The Superior Court of Justice dismissed the application, applying principles of statutory interpretation to find that the applicant's services were aesthetic and cosmetic in nature, not medical.

The court held that the business did not share the common features of health care clinics and was therefore subject to the mandatory closure of personal care services under the shutdown regulations.