In the recent decision, Lightfoot v. Hodgins et
al., 2021 ONSC 1950, the Court assessed how amending a
Statement of Claim to bring an action within the monetary limits of
the Simplified Procedure ($200,000) affected a Jury Notice that was
delivered before January 1, 2020.
In Lightfoot, the plaintiff, Owen Lightfoot, brought a
personal injury action against Gary Hodgins (owner) and Judy
Hodgins (driver), as a result of a motor vehicle accident that
occurred on April 18, 2015. The plaintiff then brought a motion to
amend the Statement of Claim to limit the claim to $200,000 and
proceed under the Simplified Procedure prior to the trial of the
matter. The plaintiff also moved to strike the defendants' Jury
Notice arguing that if the claim was moved under the Simplified
Procedure, the defendants would not be entitled to a jury.
