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
The following excerpt is from Ismail v. Fleming, 2021 ONSC 1425 (CanLII):
Under rule 48.04(1) a party who sets down an action for trial may not initiate any motion without leave. The defendants fairly acknowledged that the pandemic was not in the contemplation of the plaintiff when she set the matter down for trial. The court agrees that the ongoing pandemic presents a substantial and unexpected change of circumstances such that leave is granted: Coban v. Declare, 2020 ONSC 5580 at para. 29. 2. Has the plaintiff shown that justice to the parties will be better served by the discharge of the jury?
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