Tag: Vacchiano v. Chen

Jury Notice Struck So Judge Alone Trial Can Proceed Amidst Covid-19 Pandemic

Reasons were published today by the BC Supreme Court, Vancouver Registry, striking a jury notice so a trial could proceed without the need for a lengthy adjournment.

In today’s case (Vacchiano v. Chen) the Plaintiff was injured in a 2015 collision.  Both liability and damages were contested.  ICBC elected trial by jury which was scheduled in July, 2020.  Due to Covid-19 all civil jury selections were suspended and jury trials cancelled up to and including September 7, 2020 everywhere in the province.  As a result the trial would face a lengthy adjournment, about 2 years, if the matter was to proceed with a jury.

The Plaintiff brought an application for the jury notice to be struck.  The Court agreed that doing so would be fair as a 2 year adjournment would be more prejudicial to the parties than the Defendant losing their prefered mode of trial.  In reaching this decision Master Muir provided the following reasons:

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ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

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