Can a plaintiff continue to serve a jury notice to amend their claim once leave is granted to amend the claim?
Ontario, Canada
The following excerpt is from Arsenault v. Baja Motorsports LLC, 2012 ONSC 247 (CanLII):
The plaintiffs rely on Freeman v. Parker [1956] O.J. 138 to serve a jury notice once leave is granted to amend the claim. As Gale J. said at paragraph 8: It is my opinion, therefore, that if pleadings are re-opened to permit amendments and nothing is said about limiting the effect of the order, the right of any party to thereafter serve a jury notice pursuant to provisions of section 57 of the Act is revived.
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