Justice Peter A. Daley presided on the original motion date in March 2017. He concluded that the extensive implications of a decision to exclude all potential jurors who are insured under motor vehicle liability insurance policies in Ontario triggered a discussion of Rules 13.01 and 13.02 of the Rules of Civil Procedure. That is, it became necessary to determine the value of involving other individuals or organizations as intervenors or friends of the court. He concluded that the Advocates' Society would be best placed to provide assistance to the court in accordance with Rule 13.02.
The motion brought by the plaintiffs will undoubtedly have extensive ramifications should it be successful, even in part. Given the drastically reduced pool of individuals to draw from if all insured drivers will be excluded through a challenge for cause, the very existence of jury trials in motor vehicle accident cases is at stake.
The motion is scheduled to proceed on December 18, 2017.