Can delay per se constitute prejudice and justify striking out a jury notice?

Ontario, Canada


The following excerpt is from Mihoren v. Quesnel, 2021 ONCA 898 (CanLII):

The recognition of delay per se as causing prejudice was accepted in the subsequent panel decision in Louis v. Poitras, 2021 ONCA 49, 456 D.L.R. (4th) 164, where Hourigan J.A. wrote, at para. 22: [T]he motion judge found that “the real and substantial prejudice arises simply by reason of delay”: at para. 46. I agree with the statement of Brown J.A. in his decision on the stay motion that this was a legally permissible finding and that “delay in obtaining a date for a civil jury trial can, by itself, constitute prejudice and justify striking out a jury notice.” As Brown J.A. notes, the whole raison d’être of the civil justice system, as captured in r. 1.04(1), is that courts will work to provide the “most expeditious…determination of every civil proceeding on its merits”: Louis v. Poitras, 2020 ONCA 815, at para. 33.

Other Questions


Can a delay in obtaining a date for a civil jury trial constitute prejudice and justify striking out a jury notice? (Ontario, Canada)
Does the failure to serve a notice of motion to set aside a dismissal order constitute a two year delay? (Ontario, Canada)
What is prejudice against a police officer who has been denied promotion because of the delay in getting notice of application to the Police Complaints Board? (Ontario, Canada)
Is there any prejudice or prejudice against the respondent if the respondent has been delayed in applying for a hearing? (Ontario, Canada)
What is the test for striking a pleading on the grounds that it may prejudice or delay the fair trial of an action? (Ontario, Canada)
Is there any prejudice caused by the delay in filing a notice of appeal? (Ontario, Canada)
When will a court strike or strike a jury notice? (Ontario, Canada)
What constitutes evidence of prejudice in a motion to dismiss for delay? (Ontario, Canada)
What is the test for late notice of a municipality's failure to provide notice to a plaintiff? (Ontario, Canada)
Is there any prejudice in the absence of prejudice? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.