What is the test for a motion to strike a jury notice in a medical malpractice case?

Ontario, Canada


The following excerpt is from McKee v. Marroquin, 2021 ONSC 5400 (CanLII):

In Johnson v. Bielmayer, 2021 ONSC 1245, Sanfilippo J. held that the pandemic constitutes a substantial and unexpected change, and that it would be in the interests of justice to permit the plaintiff to bring his motion to strike the jury notice. While Sanfilippo J. does not use the terminology that originates in Hill that the court consider whether the refusal to grant leave would be “manifestly unjust”, I note that the defendant consented to the leave sought by the plaintiff. I also note that Sanfilippo J. acknowledged that if he had to decide the leave issue, he would have granted leave on the basis that the plaintiff had satisfied both the tests.

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