2 total
The court adjourned a pre-trial conference to allow the defendant to obtain medical assessments after the plaintiff served late expert reports.
The defendant brought a motion to adjourn a pre-trial conference to allow for defence medical assessments.
The plaintiff had served new and supplementary medical reports late, making it difficult for the defendant to comply with the 90-day expert report deadline before the scheduled pre-trial.
The court granted the adjournment, emphasizing the importance of trial fairness and the defendant's right to adequately respond to the plaintiff's medical evidence, noting that the plaintiff's delay contributed to the need for the adjournment.
Minor applicant found to have sustained a catastrophic impairment due to marked impairment in school adaptation.
The minor applicant was struck by a garbage truck at age six and sought statutory accident benefits, claiming a catastrophic impairment.
The respondent insurer denied the catastrophic designation.
The Licence Appeal Tribunal considered competing neuropsychological evidence regarding the applicant's functioning and adaptation in the school setting.
The Tribunal preferred the evidence of the applicant's expert and found that the applicant sustained a class 4 marked impairment in adaptation due to mental and behavioural disorders caused by the accident.
The Tribunal concluded the applicant sustained a catastrophic impairment and is entitled to expanded benefits.
