THUNDER BAY — Saying "justice delayed is justice denied," a Thunder Bay judge has granted a request to try a local personal injury claim without a jury, against the wishes of the defendant.
The claim resulted from a motor vehicle collision in 2013, and was filed in 2015.
The trial, estimated to take 10-12 days, was originally expected to be held before a jury early in 2021.
However the COVID-19 pandemic and a fire that forced the closure of the courthouse significantly impacted court operations.
It's still unknown when civil jury trials will resume in Thunder Bay, so the plaintiffs applied to proceed before a judge alone.
In a hearing conducted last week by videoconference, they said the trial coordinator for the Northwest had advised that no civil jury trials will be scheduled in 2021.
The plaintiffs argued that a continuing and indefinite delay – lasting nine months or longer – prejudiced them in at least three ways.
First, under provisions of the Insurance Act and Family Law Act, any amount they might receive for damages could be reduced because of the impact of inflation.
They said that under the Insurance Act compensation for past income loss would also be affected.
As well, one of the plaintiffs has a claim for medical treatment, and doesn't have the financial ability to pay for medical care while the trial is delayed.
The defendant in the case urged a wait-and-see approach, maintaining that the potential prejudice caused by the delay doesn't outweigh her right to a jury trial.
She also submitted that government efforts to vaccinate the population give reason for optimism that most in-person court operations will resume by July 2021.
The defendant argued further that the plaintiff who needs medical treatment has already received enough accident benefits to pay for care for at least another three years.
In his ruling, Justice F.B. Fitzpatrick noted that the right to have a jury trial is fundamental and should not be interfered with without just cause, but "It is not absolute and must sometimes yield to practicality."
He said the most compelling piece of evidence on the motion is the fact that the Regional Senior Justice has directed that no civil jury cases will be scheduled in 2021.
"In this case, the delay to a date for a jury trial is about as uncertain as it possibly could be," the judge said.
He called the ongoing delay "real prejudice" and a denial of the timely delivery of justice.
Judge Fitzpatrick instructed the parties to convene a trial management conference to discuss the logistics of conducting a virtual judge-alone trial in the coming months.
