Defence counsel in this personal injury action inadvertently failed to file a jury notice despite client instructions to do so. Nearly five years after the close of pleadings, the defendant brought a motion for leave to serve and file a jury notice. Associate Justice Jolley granted the motion, holding that the defendant satisfactorily explained the delay and there was no prejudice to the plaintiff. The moving defendant and the plaintiff were unaware that the jury notice had not been filed for several years. They discovered the oversight when plaintiff’s counsel was assembling the trial record and asked the moving defendant whether a jury notice had been filed. The defendant would have had the right to file a jury notice and would have done so but for its lawyer’s inadvertence.
