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Decisions matching the current search
The Court of Appeal allowed the appeal and set aside an order striking a jury notice in a motor vehicle injury action, finding irrelevant factors were wrongly weighed.
The court granted leave to file and serve a late jury notice, finding the plaintiffs had clearly intended a jury trial and the defendants showed no prejudice.
On an application to remove a personal injury action from fast-track litigation, the Court granted the order, finding little remaining pre-trial efficiency and that fast track should not be used solely to avoid a jury.
The motion judge erred by failing to consider the specific and established considerations governing partial summary judgment (as articulated in Malik) and therefore could not properly conclude partial summary judgment dismissing the City was appropriate; because partial summary judgment was not appropriate given the timing, overlapping issues and absence of efficiency, the appeal is allowed and the matter is remitted to trial.
Source excerpt
The court struck a jury notice and dismissed a Rule 12-5(68) application to have damages heard by jury after liability had already been tried by judge alone.
The court dismissed defendants’ application to strike a jury notice in a medical negligence action, finding the case could be conveniently tried by a jury.
The court dismissed the defendants’ application to extend time to file a jury notice, finding the affidavit evidence too vague and likely prejudice from delay.
The court dismissed an application to extend time to file a jury notice in a motor vehicle action, finding ICBC had not acted with due dispatch and prejudice would result.
The court extended time to bring the application and struck the jury notice, finding the MRI causation dispute and expert neuroradiology evidence too complex for a jury.
Appeal from an order striking a jury notice was dismissed. The Court held the action’s central issue related to execution of a trust, engaging Rule 12-6(2)(e).
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