The plaintiffs brought a motion to strike the jury notice and sever their action from a companion action arising from a 2013 motor vehicle accident.
The plaintiffs argued that the case was too complex for a jury and that delay, exacerbated by the COVID-19 pandemic, warranted a judge-alone trial.
The court dismissed the motion to strike the jury notice, finding insufficient evidence of case-specific prejudice or that an earlier trial date would be available for a judge-alone trial.
The court also dismissed the motion for severance, emphasizing the need to avoid a multiplicity of proceedings under section 138 of the Courts of Justice Act and noting common issues between the actions.
