Timing of Jury vs. Non-Jury Trials in Toronto

In Chandarpal v. Ferreira, 2021 ONSC 4622, a civil jury trial was scheduled for the June 2021 sittings in Toronto, but it did not proceed due to a Notice to the Profession which suspended jury trials until July 5, 2021 at the earliest.

In early June, the plaintiff brought a motion to strike the jury notice. Justice Chalmers advised that he spoke with the trial coordinator and was informed that, if the jury notice was not struck, the matter would be scheduled for the June 2022 sittings. If the jury notice was struck, the earliest the parties could proceed to a 10 to 15 day non-jury trial is March 14, 2022.

After receiving this information, the plaintiff withdrew her motion to strike the jury notice.

Therefore, in Toronto actions where a trial was adjourned due to the pandemic, the earliest availability for a new trial date is March 2022 (for non-jury matters) or June 2022 (for jury matters). Very little delay will be caused by permitting a trial to proceed with a jury.

As a result, it seems unlikely that a motion to strike a jury notice in these circumstances will be successful.