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The court adjourned a civil trial due to defence counsel's sudden illness and awarded the plaintiff costs thrown away.
This endorsement addresses the adjournment of a civil trial due to unforeseen health issues of defence counsel.
The court granted leave for the advance examination of the defendants to preserve evidence, adjourned the trial sine die, and denied the plaintiff's motion to strike the jury notice without prejudice.
The plaintiff was awarded costs for trial preparation "thrown away" due to the adjournment, with a specific timetable for submissions.
Licence downgrade set aside; commercial driver's collapse attributed to cardiac event rather than seizure disorder.
The Applicant, a commercial truck driver, appealed the Minister of Transportation's decision to downgrade his Class A driver's licence to a Class G licence following a sudden collapse and suspected seizure.
The Tribunal reviewed conflicting medical evidence regarding whether the Applicant's collapse and subsequent shaking were caused by a seizure disorder or a cardiac event (sick sinus syndrome) for which he received a pacemaker.
Finding that the Applicant had no prior history of seizures, had been seizure-free for 11 months, and was compliant with medication, the Tribunal concluded he did not suffer from a condition likely to significantly interfere with his ability to drive safely.
The Minister's decision was set aside.
