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ARTICLE · 05 APRIL 2021

Gagnier V Burns, 2021 ONSC 1971 – Jury Strike

McLeish Orlando LLP
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In the most recent decision of the jury-striking era, the plaintiff in Gagnier v Burns, 2021 ONSC 1971 was successful in striking the defendant's jury notice in the Southwest Region.

CanadaLitigation, Mediation & Arbitration
Lindsay Charles
Lindsay Charles
Brandon Pedersen
Brandon Pedersen
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In the most recent decision of the jury-striking era, the plaintiff in Gagnier v Burns,  2021 ONSC 1971 was successful in striking the defendant's jury notice in the Southwest Region.

Background

The action arose as a result of a 2013  motor vehicle collision in which the plaintiff was riding his motorcycle with his wife as a passenger. Both husband and wife have been unable to return to their employment since the collision.

The action was set down for trial in November 2017 and was set to be tried by a jury over eight weeks commencing February 2021.

The original December 2020 motion date was adjourned to allow for a more accurate assessment regarding the effects and progress of the COVID-19 pandemic.

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