This action arises from a motor vehicle accident. The statement of claim was issued in September 2016 and sought damages in the sum of $750,000.00. In February 2021 the plaintiff brought a motion seeking for the trial to proceed under Rule 76 Simplified Procedure, and to strike the jury. The plaintiff argued that his injuries had stabilized, which warranted reduction of the claimed damages. The defendant argued that the amendment would result in non-compensable prejudice because it would result in the defendant losing its right to have the trial heard by a jury. Justice Muszynski granted the relief sought, finding that it was in the interest of justice and the principles of proportionality to allow the matter to proceed under Rule 76.
