The plaintiff was injured in an incident in 2010 and commenced an action for damages in 2012. The defendants filed a jury notice. But for the COVID-19 pandemic, the trial would have proceeded in October 2020. The parties were told by the Court in June 2020 that if the action proceeded by judge alone it might be scheduled in late 2020 or early 2021, whereas if it were to be heard by a jury the trial would not likely be scheduled for at least a year and possibly 18 months. The plaintiff moved to have the jury notice struck due to the delay that would result from waiting until a jury could sit for the trial. Justice Sheard granted the plaintiff’s motion, and struck the jury notice. Justice Sheard noted that a “wait and see approach” in which the jury notice determination would be left for the trial judge to decide was not appropriate in the circumstances, as it would not avoid any delay associated with proceeding with a jury. The defendant’s right to a trial by jury was outweighed by the need to provide the plaintiff with more timely access to justice.
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