In what circumstances will a court strike a jury notice?
Ontario, Canada
The following excerpt is from Vogler v. Allstate Insurance Company of Canada, 2021 ONSC 4547 (CanLII):
In Smith v. Muir, 2020 ONSC 8030, another decision of Nicholson J. relied upon by the defendant, the court determined that it was appropriate, in all of the circumstances of that case, not to strike the jury notice. Nicholson J. adopted a “wait and see” approach since the matter was then scheduled for a jury trial to commence on March 29, 2021. The decision was without prejudice to the plaintiff to renew the motion if the trial could not be conducted as scheduled. Local conditions
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