Todd McCarthy will argue an important motion on September 24 and 25 in a case that has received national attention. On behalf of The Personal Insurance Company, Todd will bring a motion before a Judge in Ottawa for a determination of a litigant’s right to trial by jury, notwithstanding the complexity of the evidence.

If successful, a defendant in a bodily injury claim would no longer fear losing the opportunity to have the case heard by a jury as a result of a motion by plaintiff’s counsel at the outset or in the middle of a trial.

At a trial in the Spring of 2007, Todd was two weeks into a jury trial when the Judge, following a motion by the plaintiff, chose to release the jurors on the grounds that the evidence had become too complex for jury to understand. The trial has been held in abeyance until the resolution of this important issue.

Both the Advocates Society and the Ontario Trial Lawyers Association has successfully obtained Intervenor status and will make submissions.

We will keep you posted as to the outcome.

Posted in Current News |

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