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…
COVID-19 Tag Archives
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.
Coban v. Declare, 2020 ONSC 5580
In this case, the plaintiffs brought a motion to strike the jury notice and the defendants brought a cross-motion to adjourn the trial because the pandemic has interfered with their ability to obtain responding medical reports…
Belton v. Spencer, 2020 ONCA 623
In this case, the Appellant is a Defendant in a personal injury action in which the Plaintiff seeks damages for injuries suffered when kicked by a horse in May 2010.