Diana Edmonds

The plaintiff was involved in a motor vehicle accident and suffered a spinal fracture.

Liability was admitted by the defendant.

The court had to determine whether the plaintiff met the statutory threshold for permanent and serious impairment under the Insurance Act, and assess damages.

The court found significant credibility issues with the plaintiff's evidence, noting he had concealed pre-existing conditions and post-accident activities from his assessors.

Despite these credibility issues, the court accepted expert evidence that the plaintiff suffered a permanent serious impairment consisting of chronic left torso/rib pain and an adjustment disorder.

The court awarded $1,067,647 in total damages, applying substantial percentage reductions to the claimed amounts for loss of earning capacity and future care costs due to the unreliability of the plaintiff's self-reported limitations.

The plaintiff passenger sued the defendant driver for negligence after their motorcycle collided with a deer in Wisconsin.

The defendant moved for summary judgment, arguing the collision was an inevitable accident.

The court dismissed the motion, finding a genuine issue for trial regarding the defendant's negligence due to his speed, lack of proper eyewear in the rain, and distraction.

Using its expanded fact-finding powers under Rule 20.04(2.1), the court determined the defendant was negligent, leaving damages to be assessed at trial.

The defendant estate moved to dismiss the plaintiffs' medical malpractice action for delay.

The action was commenced in 2008 regarding treatment provided in 2006.

The plaintiffs failed to answer undertakings for years and did not move the action forward.

The defendant doctor died in 2015.

The court found the delay of almost nine years to be inordinate and inexcusable, rejecting the plaintiffs' explanation that family stress prevented them from pursuing the litigation.

The court concluded that the defendant would suffer substantial prejudice due to the doctor's death, as discovery transcripts could not adequately replace his viva voce evidence on the key issues of informed consent and negligence.

The action was dismissed.

The moving parties, construction lien creditors of the Mady Group of Companies, brought a motion seeking to lift a CCAA stay of proceedings, amend their statements of claim, and obtain a Mareva injunction against several individuals and corporations.

The court dismissed the motion, finding that the moving parties failed to make full and fair disclosure, failed to establish a strong prima facie case of fraud or breach of trust, and provided no evidence of a risk of dissipation or removal of assets from the jurisdiction.