Can a motion judge strike a jury in a civil case because of the increased uncertainty in the Ottawa area due to the delay for any civil jury trial, in Ottawa?

Ontario, Canada


The following excerpt is from Coban v. Declare, 2020 ONSC 7537 (CanLII):

The increased uncertainty in the delay for any civil jury trial, in Ottawa, in company with the prejudice, particularly to the plaintiffs, is sufficient to justify the discretion exercised by the motion judge in striking the jury notice. It was neither arbitrary nor capricious. The test set in Louis v. Poitras, namely that there be some direct evidence of the immediate circumstances that supports a request to strike a jury notice be it with respect prejudice to the parties or the administration of justice more broadly cast, is met.

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