COVID-19 Tag Archives

Witness Tips for a Virtual Trial

Giving evidence in Court can be intimidating and nerve-racking. Most people have never been into a Courtroom let alone been forced to answer questions in front of a Judge. With the move to virtual trials, witnesses face different challenges when they are told they need to testify in Court. Here are some tips for getting comfortable with the process and presenting your evidence as clearly as possible.

Lightfoot v. Hodgins et al, 2021 ONSC 1950

The COVID-19 pandemic has triggered a proliferation of motions, generally by plaintiffs, to strike jury notices in personal injury cases so that trials can proceed virtually and on schedule. While decisions on such motions have gone both ways, depending on the facts and location of each case, timely access to justice is a recurring theme in each one. However, a recent decision out of Belleville may prompt a different kind of motion to strike a jury notice, one that targets cost effective access to justice…

Mierzejewski v. Brooks, 2021 ONSC 2295

In this decision, despite the climbing numbers of infected individuals and the great risks posed to individuals (and particularly those with complex medical pictures), Master Jolley ordered that it was necessary that the Plaintiff attend two assessments in-person, during the height of the pandemic…

Cowley v. Skyjack Inc. et al, 2021 ONSC 1303 (CanLII)

In this case, an Ottawa judge recently applied the Ontario Court of Appeal’s analysis in Louis v. Poitras, 2021 ONCA 49 to strike the jury notices filed. While the procedural history in this case is unique, the motion turned on a relatively straightforward analysis that confirms the prejudicial effect of delay…

Francisco v. Li, 2021 ONSC 1032

In this case, the motion to strike the defendant’s jury notice due to delays caused by the COVID-19 pandemic was brought pursuant to r. 47.02 of the Rules of Civil Procedure…

Louis v. Poitras, 2020 ONSC 6907

This Divisional Court appeal decision serves as a cautionary tale and provides some guidance on the type of evidence that should be advanced on a motion for an order to strike the jury in light of the unprecedented COVID-19 pandemic, as well as the sufficiency of reasons for such a determination.