Barry G. Marta

The plaintiff, a dentist claiming long-term disability benefits following a motor vehicle accident, brought a motion to strike the defendant's jury notice prior to trial.

The plaintiff argued the case involved complex medical and financial issues and claims for declaratory relief.

The court dismissed the motion, applying the 'wait and see' approach, holding that the right to a jury trial is a substantive right and the case did not meet the high standard required to strike a jury notice in advance of trial.

Costs were awarded to the defendant.

This is a costs decision following the dismissal of a motion brought by the defendant Wawanesa Mutual Insurance Company.

The plaintiff, Reggie Babcock, was found to be the successful party regarding costs, as the court's order for a defence medical and dismissal of the balance of Wawanesa's relief equalled or beat the plaintiff's offer to settle costs.

The court deemed Wawanesa's motion entirely unnecessary and attributed its necessity to Wawanesa's conduct.

The plaintiff was awarded substantial indemnity costs of $27,810.16, payable by Wawanesa.

The defendant Wawanesa Mutual Insurance Company brought a motion for orders requiring the plaintiff to undergo several independent medical examinations.

The plaintiff opposed the motion on the basis that the action had already been set down for trial and pre-trials had occurred.

The provided text is an incomplete draft endorsement detailing the procedural history of the action.

The defendant Wawanesa Mutual Insurance Company brought a motion seeking orders for the plaintiff to undergo several independent medical examinations (IMEs) in a personal injury action arising from an automobile accident.

The plaintiff opposed, arguing delay and the need for leave under Rule 48.04 of the Rules of Civil Procedure.

The court found Wawanesa did not require leave under Rule 48.04 as it had not set the action down for trial or consented to its placement on the trial list.

However, the court criticized Wawanesa's significant delay in seeking IMEs, noting its failure to list expert witnesses in pretrial briefs.

The motion for a neurological examination was granted with strict deadlines for report service, while requests for occupational therapy, otolaryngology, and psychiatric examinations were dismissed due to lack of evidence regarding their necessity or the plaintiff not relying on such evidence.

The applicant sought judicial review of a Workplace Safety and Insurance Appeals Tribunal decision which found that the plaintiffs' right of action for personal injuries sustained in a parking lot motor vehicle accident was not taken away under the Workplace Safety and Insurance Act.

The applicant argued the Tribunal erred in its treatment of post-hearing evidence and in its factual findings regarding the employment status of the defendants.

The Divisional Court dismissed the application, holding that the Tribunal's decision was reasonable, it did not breach procedural fairness, and its weighing of the evidence was entitled to deference.

The applicant was involved in a motor vehicle accident and applied for statutory accident benefits.

The insurer denied weekly income benefits on the basis that the applicant was not authorized by law to drive at the time of the accident.

The applicant's driver's license had expired over a decade prior and was also suspended for unpaid fines.

The arbitrator held that the applicant was ineligible for benefits under section 58(1)(d) of the Statutory Accident Benefits Schedule.

The exception in section 58(2) for suspensions due to unpaid fines did not apply because the applicant's license had also expired and he would have had to requalify as a new driver.