Is a defendant permitted to file a jury notice while a motion is still open?
Ontario, Canada
The following excerpt is from Smith v Saraf-Dhar, 2016 ONSC 4556 (CanLII):
The defendants have met the test of establishing that pleadings were reopened for all purposes. According to well-established principles of law dating back to Freeman v. Parker (supra), this means that they have a right to file a jury notice while pleadings are open. To deny them that right based upon the general terms of s. 108(3) would, in my view, amount to a change in the law which I am not about to embark upon.
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