CIVIL PROCEDURE - Judgments and orders - Enforcement - Stay of

Law360 Canada (February 9, 2021, 6:22 AM EST) -- Motion by the plaintiffs for a stay of a Divisional Court order reinstating the defendants’ jury notices, pending the hearing of the plaintiffs’ motion for leave to appeal to the Court of Appeal. The actions resulted from a 2013 motor vehicle accident. But for the pandemic, the trial of both actions would have proceeded in April 2020. In September 2020, the plaintiffs’ motion to strike out the jury notice was granted due to the suspension of jury trials. A judge alone trial was then set for February 2021. The Divisional Court concluded that the motion judge had exercised his discretion to strike out the jury notices in an arbitrary fashion. The plaintiffs argued there was a serious question to be tried as to whether there was any basis for the Divisional Court to conclude that the motion judge acted arbitrarily in granting the motion to strike the jury notice and interfere with the exercise of discretion by a Superior Court judge who found that justice would be better served by striking the jury notice....
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