W. Woodward

The plaintiffs brought a motion to conditionally strike the defendant's jury notice in a personal injury action arising from a motor vehicle accident, citing court backlogs and pandemic-related delays in London, Ontario.

The court dismissed the motion, finding that striking the jury notice would not improve the likelihood of the four-to-five-week trial being reached, as civil jury trials take precedence over non-jury trials of comparable length when a judge becomes available.

The court emphasized that the substantive right to a jury trial should not be interfered with without compelling reasons, which were not present.

The defendant brought a motion to compel the plaintiff to attend defence medical examinations with a neuropsychologist and a psychiatrist, in addition to an agreed-upon physiatry examination.

The plaintiff, who claimed damages for physical, cognitive, and emotional injuries arising from a motor vehicle accident, argued she should only have to attend one of the two disputed examinations.

The court granted the motion, finding that trial fairness required the defendant to have the opportunity to respond to the plaintiff's evidence regarding her physical, emotional, and cognitive impairments.