Corkett v. Ginn, 2021 ONSC 7434 (CanLII)
In this personal injury case, the Plaintiff prepared a motion to strike the Defendant’s Jury Notice as a result of the COVID-19 pandemic in a stated effort to have the trial scheduled sooner. Ultimately, the judge found in Allison’s favour that the Plaintiff failed to meet the onus of proving that justice to the parties would be better served by discharging the jury, and that if the Jury Notice were struck, the Defendant would be prejudiced.
Allison was successful in having the motion dismissed, and assuring the Defendant’s substantive right to a jury trial in a novel circumstance.
