A. Kuciej

The defendants in a motor vehicle accident claim brought a motion to compel the plaintiff to attend defence medical examinations and to disclose the entire contents of her social media accounts.

The court dismissed the request for medical examinations, finding the defendants failed to provide a reasonable explanation for seeking the examinations long after the deadline for serving expert reports under Rule 53.03 had passed.

Regarding the social media accounts, the court declined to order blanket disclosure due to privacy concerns, but ordered the plaintiff to produce a further and better Affidavit of Documents listing relevant photographs.

The plaintiffs were successful on a motion for leave to amend their Statement of Claim to add their automobile insurer as a defendant.

The plaintiffs sought costs of the motion on a partial indemnity scale, while the insurer argued no costs should be awarded.

The court found no reason to depart from the general rule that costs follow the event, noting the insurer's opposition unnecessarily added to the costs of the proceedings.

The court awarded the plaintiffs costs fixed at $6,500, reducing the requested amount to reflect divided success on some issues and procedural delays caused by the plaintiffs.