Can a motion to strike a jury notice be struck during the pandemic?
Ontario, Canada
The following excerpt is from Paleshnuik v. Churchill et al., 2022 ONSC 902 (CanLII):
In Louis v. Poitras, 2020 ONSC 5301, 152 O.R. (3d) 760, at para. 46, Beaudoin J. held that “real and substantial prejudice arises simply by reason of delay.” That decision was on a motion to strike a jury notice. Beaudoin J. considered the consequences to the parties if, in the midst of the pandemic, the jury notice was not struck, and the trial was adjourned.
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