The plaintiffs brought a motion to amend the statement of claim and to transfer the action from the ordinary to the simplified procedure under Rule 76 of the Rules of Civil Procedure. The two plaintiffs originally sought $1M in damage as against the two defendants. The proposed amendment meant the total value of the damages sought would be $800,000. The motion was brought after mediation and before pre-trial. The plaintiffs argued that the case could be completed within five days. They also sought to strike the defendants’ jury notice. The defendants opposed, arguing that the trial would require at least eight days, and further argued that striking the jury notice would unfairly deprive them of their right to a jury trial.
Justice Wilkinson held that the plaintiffs failed to establish that the trial could be completed in five days. She declined to address whether the jury notice should be struck given that finding. Accordingly, the motion to transfer was dismissed with costs payable to the defendants.
