Kapoor v. Kuzmanovski, 2018 ONSC 4770

The plaintiff in this Brampton action brought a motion to exclude individuals who drive and pay automobile insurance premiums as potential jurors in motor vehicle cases. The plaintiff argued that the financial obligation to pay automobile insurance premiums amounted to a personal interest adverse to the interests of plaintiffs in cases arising from motor vehicle accidents. The Court dismissed the plaintiff’s motion, holding that prospective jurors in motor vehicle accident cases who drive motor vehicles and are insured under motor vehicle insurance policies do not have an inherent conflict of interest. The Court found there was no evidence to demonstrate the presence of widespread bias among Brampton citizens as prospective jurors, against the interests of the plaintiff in this case or generally among similarly situated plaintiffs.