The plaintiff was injured in a motor vehicle accident and brought a personal injury action. The initial statement of claim in 2018 sought $1 million in damages. The defendant insurer had limits of $200,000 for unidentified motorist coverage. The insurer filed a jury notice with its statement of defence. In 2021, the plaintiff brought a motion seeking to: amend the claim to seek only $200,000 in damages, traverse the matter to Rule 76 simplified procedure, and strike the jury notice. Justice Ramsay concluded that the insurer was entitled to maintain its jury notice, and that the matter could not be transferred to Rule 76 procedure, despite the plaintiff amending the claim to reduce the damages sought. The 2020 amendments to the Rules did not remove the defendant’s right to a jury trial where the jury notice was filed before January 1, 2020.
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