Does a motion to restore an action to a trial list have to be heard before a jury?

Ontario, Canada


The following excerpt is from Ruggiero v. FN Corporation, 2011 ONSC 3212 (CanLII):

I accept that the principles set out in Armstrong v. McCall, supra in relation to a defendant’s motion to dismiss an action for delay are equally applicable to a plaintiff’s motion to restore an action to the trial list. Issues

Other Questions


What are the implications of a motion judge's decisions regarding the restoration of an action to the trial list under r.48.11 and the dismissal of an Action for Delay pursuant to r.24.01? (Ontario, Canada)
When will a motion to allow a jury to consider a motion for damages be heard before a jury? (Ontario, Canada)
On an interim motion, is it more likely that the court will grant a motion to allow the motion to be heard before trial? (Ontario, Canada)
Can a party who sets down an action for trial proceed with a motion for leave to dismiss the motion because of the ongoing pandemic? (Ontario, Canada)
What is the test for setting aside a jury verdict in a trial where counsel's address to the jury is offensive or irrelevant to any issue properly before the jury? (Ontario, Canada)
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)
What is the test for a motion of nonsuit motion in a civil case where there is no jury trial? (Ontario, Canada)
What is the test for a motion to restore an action to the trial list? (Ontario, Canada)
Can a motion to strike the jury in a medical malpractice action be struck out after a jury has been struck out? (Ontario, Canada)
Can a delay in obtaining a date for a civil jury trial constitute prejudice and justify striking out a jury notice? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.