2 total
Plaintiffs' lawyers of record removed due to unresolved conflict of interest involving former counsel's spouse.
The defendant brought a motion to remove the plaintiffs' lawyers of record due to a conflict of interest.
The plaintiffs' former counsel had obtained medical-legal reports from a company owned by her spouse without disclosing this relationship to the defendants.
Although the former counsel had been replaced, the new lawyers of record were from a successor firm operating out of the same office and employing lawyers from the former firm.
The court found that the conflict of interest had not been adequately addressed and that a fair-minded, reasonably informed member of the public would conclude that the proper administration of justice required the removal of the current lawyers of record.
The motion was granted.
Claims struck for failure to adduce physician evidence required by insurance regulation threshold.
The defendant brought a pre-trial motion to strike the plaintiffs' claim for non-pecuniary general damages and healthcare expenses arising from a motor vehicle accident, on the basis that the plaintiffs failed to adduce the evidence required by s. 4.3(1) to (5) of O. Reg. 461/96 to establish the statutory threshold of permanent serious impairment.
The court found that no single medical report, nor the totality of the medical records proffered, satisfied the regulation's requirements for qualified physician evidence addressing the nature, permanence, and importance of the alleged impairment.
The motion was granted and the claims for non-pecuniary general damages and healthcare expenses were struck.
