Alex Reyes

The defendant insurance company brought a motion to quash a summons to examine an employee (an insurance adjuster) for a pending motion to compel answers to discovery refusals and to deliver a further and better affidavit of documents.

The plaintiff sought to examine the adjuster to test the relevance and proportionality of the defendant's broad production requests spanning forty years of documents related to historical sexual abuse claims.

The court dismissed the motion to quash, finding that the proposed examination was relevant to the underlying motion, necessary for fair adjudication, and not an abuse of process.

During jury deliberations in a motor vehicle accident trial, the defendant brought a motion to determine whether the plaintiff's claims were barred by the statutory threshold under Bill 59 of the Insurance Act.

The court reviewed the medical evidence and the plaintiff's testimony regarding her chronic pain, fatigue, and psychological impairments.

Applying the test from Meyer v. Bright, the court found that the plaintiff had sustained a permanent serious impairment of an important physical, mental, or psychological function.

The defendant's motion was dismissed.