Jury Strikes Back

Abstract

Ontario’s civil jury system has been the topic of many discussions about reform. However, none of these explorations contemplated the drastic effects of ever-evolving public health emergency. The COVID-19 pandemic has heightened Ontario’s access to civil justice crisis through extensive pandemic delays, while simultaneously challenging the role of civil jury in administering justice. Ontario consequently provides a ripe case study to explore how the pandemic has affected civil jury trials and to explore ways of enhancing their viability in a post-pandemic Ontario.   This this article is concerned with advancing measures that can not only enhance the viability of civil jury trials going forward, but advance access to civil justice more generally. The purpose of this article is twofold. First, to examine how the pandemic has fundamentally challenged the viability of civil jury trials while exacerbating existing impediments to accessing civil justice. And second, to outline a multifaceted approach to reforming the jury trial to ensure it remains a viable vehicle for civil justice consistent with enhancing access to justice through the pandemic. The hope is that this article will inspire much needed exploration into Ontario’s civil justice system to address the consequences of the COVID-19 pandemic and future emergencies.