The Jury's Out: Barikara v Kyei, 2021 Onsc 1636

In another chapter in the jury-striking era, the plaintiff in Barikara v Kyei, 2021 ONSC 1636 was successful in conditionally striking the defendant's jury notice in the Central East Region.

Background

This Newmarket action arose out of a November 2016 collision in which the 65-year old plaintiff, who was a passenger, was catastrophically injured. Once a fully functioning woman, the plaintiff's injuries have rendered her catastrophically impaired and virtually non-communicative. She requires 24-care and a host of support services. She has lived in hospitals, convalescent centres, and long-term facilities since the collision.

However, the plaintiff still owns her house and wants to move back home. The cost of attendant care services at home exceeds the maximum amount payable in attendant care benefits. The plaintiff, therefore, desires a trial as soon as possible in order to recover the funds to allow her to return home with the care she requires.