Alexandra Vaiay

The plaintiff brought a motion to compel the defendants, a transit commission and its bus driver, to answer questions refused during examinations for discovery and to re-attend to answer follow-up questions.

The underlying action involved a motor vehicle accident where the plaintiff was a passenger in a vehicle that collided with a transit bus.

The court ordered the defendants to answer questions regarding the driver's 1996 hiring process and driving history, finding them relevant to the pleadings alleging negligent hiring and supervision.

The court also ordered the defendants to re-attend examinations for discovery to answer proper questions arising from the newly provided answers.

The applicant was struck by a transit bus while crossing an intersection and sought a determination of catastrophic impairment.

The Tribunal found that the applicant did not meet the 55% whole person impairment threshold, preferring the respondent's medical experts who concluded her psychological challenges stemmed from pre-existing learning difficulties rather than the accident, and that she did not suffer from post-concussion syndrome.

However, the Tribunal ordered the respondent to pay $2,400 for a chronic pain assessment plan, finding the assessment was reasonable at the time it was proposed, and awarded interest because the respondent failed to provide proper medical reasons for its denial.

The applicant was injured while riding a public bus and sought statutory accident benefits, including non-earner benefits, catastrophic impairment assessments, and various medical and rehabilitation benefits.

The Licence Appeal Tribunal found that the applicant did not suffer a complete inability to carry on a normal life, dismissing the claim for non-earner benefits.

However, given the applicant's significant pre-existing conditions and accident-related physical and psychological injuries, the Tribunal found the catastrophic impairment assessments reasonable and necessary, excluding a file review fee.

The Tribunal also approved a neurological assessment and a psychological treatment plan, while dismissing the remaining treatment plans.

The applicant was struck by a streetcar as a pedestrian and sought a catastrophic impairment designation under the Statutory Accident Benefits Schedule due to psychological, emotional, and behavioural impairments.

The respondent denied the designation.

The Tribunal found that the applicant sustained a traumatic brain injury resulting in a Class 4 (Marked) impairment in the Adaptation domain under Chapter 14 of the AMA Guides.

The Tribunal preferred the evidence of the applicant's experts, noting the applicant's inability to cope with stressors, recurring need to escape uncontrolled situations, and suicidal ideations.

The Tribunal concluded the applicant sustained a catastrophic impairment and is entitled to extended medical and rehabilitative treatment limits.

The moving party requested reconsideration of the court's order dismissing her motion for leave to appeal from a Divisional Court order.

The underlying claim involved a fall allegedly caused by a negligent transit driver, which was dismissed after trial.

The moving party argued that fresh evidence supported her appeal and alleged that the jury foreman was biased because he had previously testified for the transit commission.

The Court of Appeal found that the fresh evidence had already been addressed by the Divisional Court and that the jury bias allegation lacked evidentiary support.

Finding no exceptional circumstances under Rule 59.06(2), the court dismissed the motion.

The plaintiff brought a motion seeking disclosure of surveillance particulars from the defendant (TTC) before her examination for discovery.

The defendant brought a cross-motion to compel the plaintiff's attendance at examination for discovery.

The court dismissed the plaintiff's motion and granted the defendant's motion, holding that the defendant, having served its affidavit of documents and notice of examination first, was entitled to examine the plaintiff first.

The defendant was not required to disclose surveillance particulars until its own representatives' examinations for discovery.

The plaintiff sued the Toronto Transit Commission (TTC) for negligence after falling on a bus with a wet floor.

The court examined the bus driver's standard of care, considering the TTC's operator manual and the prevailing weather conditions.

The court found that the driver operated the bus reasonably and prudently, and the plaintiff's fall was not reasonably foreseeable.

Consequently, the action for negligence was dismissed.

The court also made hypothetical findings on causation and contributory negligence, determining that if negligence had been found, the plaintiff would have been 75% contributorily negligent.

The applicant was struck by a bus in 2012, sustaining multiple fractures and subsequent psychological impairments.

She applied for a determination of catastrophic impairment under two criteria of the Statutory Accident Benefits Schedule.

The Tribunal found that the applicant did not meet the 55% whole person impairment threshold under s. 3(2)(e), as her combined physical and psychological impairments rated between 42% and 46%.

However, the Tribunal concluded that the applicant was catastrophically impaired under s. 3(2)(f), finding she suffered a marked impairment in the functional areas of social functioning and adaptation due to her accident-related mental and behavioural disorders.

A claim for the cost of a psychiatric paper review was denied.

The self-represented plaintiff brought a motion to set aside a 2002 dismissal order for non-appearance and to reinstate the action.

Several defendants requested an adjournment to retrieve their files, which the plaintiff opposed.

The court dismissed the motion without prejudice, noting that the plaintiff failed to serve all relevant defendants, did not include the dismissal order in the motion materials, and provided little evidence explaining the delay since a vexatious litigant order against him was rescinded in 2010.