The civil jury trials are currently on hold due to Covid-19. The
plaintiff anxious to get a day in the court can only move to strike
a jury notice in order to have the trial by the judge alone,
thereby bypassing the Covid-19 caused civil jury trials vacuum.
In the recent case of Louis v Poitras, 2021 ONCA 49
[Louis], a unanimous panel of the Ontario Court of Appeal
affirmed that the Covid-19 trial delay is a sufficient and laudable
reason for striking the jury notice and allowing the plaintiff to
proceed to a Covid-19 non-jury trial.
Background
The plaintiff in Louis was involved in a motor vehicle
accident in the City of Ottawa. She sued an underinsured motorist
involved in the accident as well as her own insurer for denied
benefits, income replacement and punitive damage. Both defendants
issued jury notices and the trials were eventually merged. The
plaintiff then brought forth a motion to strike the jury notice,
because, due to COVID-19 and the suspension of
