E. Faion

The plaintiff, a physiotherapist, suffered an electric shock while adjusting a bed at the defendant's clinic.

The defendant admitted liability.

The court assessed damages for the plaintiff's injuries, which included concussion-like symptoms, headaches, migraines, and soft-tissue pain.

The court found that while the plaintiff suffered a serious injury, her condition had improved significantly, allowing her to work full-time and participate in physical activities.

The court awarded $100,000 in general damages, $375,000 for past loss of income, $159,443.14 for future care costs, and additional amounts for special damages, subrogated claims, and Family Law Act claims for her parents, totaling $742,822.73.

Claims for future loss of income were dismissed.

Aviva sought costs for its motion to be added as a statutory third party.

The plaintiff and one defendant claimed they never opposed the motion, but the case conference endorsement explicitly stated they did, leading Aviva to prepare for an opposed motion.

The court found it was reasonable for Aviva to rely on the endorsement and awarded Aviva $5,000 in costs on a partial indemnity scale, payable equally by the plaintiff and the responding defendant.

The defendants brought a motion to compel the plaintiff to answer questions refused during an examination for discovery, specifically seeking production of an adverse costs insurance policy (ACP).

The plaintiff argued the ACP was a blanket policy held by his law firm and protected by solicitor-client privilege.

The court dismissed the motion, following precedent that an ACP held in the name of a law firm, rather than the party, is not producible under Rule 30.02(3) or discoverable under Rule 31.06(4).