Is there a change in the circumstances of a trial by jury?
Ontario, Canada
The following excerpt is from McKee v. Marroquin, 2021 ONSC 5400 (CanLII):
In view of the pandemic, I find there has been a substantial and unexpected change in the circumstances of this case since the trial record was passed in April 2018. This change has created the practicality of holding a trial by judge alone, either virtually, as a hybrid hearing or in person as a viable alternative to trial by jury, if waiting for the availability of a trial with a jury in a particular court location will cause undue delay. Delay in obtaining a date for a trial by jury has been found, by itself, to constitute prejudice and to justify the making of an order to strike a jury notice: Louis v. Poitras, at para 22.
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