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…
In a groundbreaking decision, the Court of Appeal for Ontario in Louis v. Poitras, 2021 ONCA 49, set aside the Divisional Court judgment and restored the motion judge’s order to strike the jury by reason of delay arising from the COVID-19 pandemic.
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.
In this case, Justice Bell struck the jury after seven weeks of trial, and the plaintiff’s counsel’s closing address to the jury…
