Rastin Applauds Court of Appeal Ruling on Civil Jury Trials

Managing partner litigator Steve Rastin called the Ontario Court of Appeal's forceful restoration of an order to strike civil jury notices a "real-world ruling dealing with real-world problems faced by plaintiffs in the age of COVID." He says the decision in Louis v. Poitras is essentially a rebuke of a Divisional Court ruling that set aside a motion to strike the jury notice in a 2013 automobile accident claim. Rastin has frequently spoken out against insurance companies' insistence on civil jury trials, saying they are not only unnecessary, but further victimize those injured in accidents because of the delay in bringing claims to trial. In the current pandemic, he says it is essential to look beyond outdated methods of practising law to ensure justice is done in a timely and equitable fashion. "Insurance companies talk about this substantive right to a jury, but it's important to remember that jury trials in civil cases are very rare in Canada," Rastin tells Tony Poland of LegalMattersCanada. "I applaud the Court for having their leadership. This decision is an attempt to modernize the courts. It talks about how to respond to the circumstances we now face." To read the full story, click here.

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