When will a court strike or strike a jury notice?

In Resnick v. Doria [2005] O.J. 1876, Stinson J. reviewed a number of authorities including Nardo v. Fluet and other cases where courts have either struck or allowed jury notices depending on their particular facts. Based on Stinson J.’s decision at paragraph 14 and 15, a number of guiding principles can be distilled to assist in determining whether or not a jury notice should be allowed after amendments to the pleadings. 1. Is the amendment for a limited purpose or does it alter the character of the case? Is it merely increasing the amount of damages or is it articulating a new theory of the case? 2. Does the proposed amendment invite a response from the opposite party? 3. At what stage of the proceedings is the proposed jury notice being offered in terms of its potential prejudice to the opposite party? 4. Are the amendments minor amendments with a view to re-open pleadings to permit a jury notice to be filed? 5. Would the effect of the amendment be to add a new party to the proceeding?