David Campbell

The defendants brought a motion for an order requiring the plaintiff to attend a second independent medical examination (IME) with a replacement expert.

The defendants' initial expert, Dr. Steven M. Dilkas, conducted an IME on June 26, 2024, but subsequently ceased communicating with the defendants and failed to deliver any report or draft report.

After numerous unsuccessful attempts to obtain the report from Dr. Dilkas between August 2024 and January 2025, the defendants retained a replacement expert, Dr. Richard Kaminker, and sought a second IME.

The plaintiff refused consent.

The court granted the motion, finding that the defendants had adduced sufficient evidence of Dr. Dilkas's non-responsiveness and that the request for a second IME was legitimate and necessary.

The court rejected the plaintiff's argument that the defendants must first pursue a Rule 33.06 motion to compel Dr. Dilkas's report, finding such a requirement would be inefficient and contrary to principles of proportionality.

The court ordered the plaintiff to attend the second IME with Dr. Kaminker and directed the defendants to reimburse all incidental expenses.

The plaintiffs initiated an action against Rheem Canada Ltd. (manufacturer) and Reliance Home Comfort (installer) following a carbon monoxide incident.

Rheem brought a motion for summary judgment, asserting a lack of evidence that their water heater was defective or contributed to the incident.

The court granted summary judgment, dismissing the claim against Rheem, on the basis that the plaintiffs failed to adduce expert evidence to substantiate their allegations of defect or faulty training, relying instead on a self-serving affidavit.

The defendant brought a motion for summary judgment to dismiss the plaintiff's slip and fall claim.

The plaintiff alleged she slipped on liquid on the floor, while the defendant argued there was no liquid and it had a reasonable system of inspection.

The court granted the defendant leave to bring the motion after the action was set down for trial.

However, the court dismissed the summary judgment motion, finding genuine issues requiring a trial regarding credibility, whether there was liquid on the floor, and whether the defendant's employees actually followed the system of inspection.

The plaintiff was injured in a motor vehicle accident involving an American resident driver insured by GEICO.

The plaintiff issued a statement of claim just before the limitation period expired but was unable to locate and serve the American defendant for several years.

The plaintiff brought a motion to extend the time for service and for substituted service on the defendant's insurer.

During the reserve period of the motion, the defendant's insurer located the defendant.

The court granted the motion, finding that the plaintiff had taken reasonable steps to locate the defendant, provided an acceptable explanation for the delay, and the defendant would not suffer non-compensable prejudice.

The plaintiff brought a motion to amend the statement of claim and substitute the correct corporate defendant in a slip and fall action arising from an accident in a No Frills grocery store.

The proposed defendant argued that the motion improperly attempted to add a new party after the expiry of the two‑year limitation period under the Limitations Act, 2002.

The court held that the plaintiff failed to establish discoverability to extend the limitation period, as there was no evidence rebutting the statutory presumption that the plaintiff knew the identity of the proper defendant when the accident occurred.

However, applying the misnomer doctrine under s. 21(2) of the Limitations Act, 2002 and the principles from appellate authority, the court found that the intended defendant would have understood that the litigation was directed at it despite errors in the name and address.

The amendment therefore constituted correction of a misdescription rather than the addition of a new party.

Leave to amend the claim and correct the defendant’s name and address was granted.