Elizabeth Scott

The applicant sought judicial review of a Licence Appeal Tribunal decision that found she had not sustained a catastrophic impairment following a motor vehicle collision.

The applicant argued the Tribunal unreasonably rejected expert evidence that her accident-related sleep impairments resulted in a 9% whole person impairment rating.

The Divisional Court dismissed the application, finding the Tribunal reasonably concluded there was a lack of causal evidence linking the sleep impairment to the accident and that the Tribunal's reasons were justified, transparent, and intelligible.

The defendants brought a motion for leave to admit an expert report from Dr. Armstrong concerning the plaintiff's life expectancy in a personal injury action.

The court found that while the defendants provided a reasonable explanation for the late delivery of the report and that the plaintiffs were not prejudiced by the delay, the report itself was inadmissible.

The report failed to comply with Rule 53.03(2.1)6 by not providing a methodology or listing all relied-upon documents.

Furthermore, its probative value was deemed very low due to the expert's inappropriate analytical approach (life insurance vs. annuity) and use of general population statistics without proper explanation.

Finally, Dr. Armstrong was not qualified to provide a medical diagnosis as he had not been a member of the College of Physicians and Surgeons since 2010.

The motion for leave was dismissed, and the report was ruled inadmissible.

The defendants brought a motion seeking a ruling that serving a subpoena on a doctor would allow them to receive the doctor's entire clinical notes and records without the doctor being sworn or called as a witness.

The plaintiffs opposed this.

The court dismissed the defendants' motion, holding that Rule 53.04(1) of the Rules of Civil Procedure requires a witness's attendance and testimony at trial, and that a subpoena cannot be used to bypass established discovery processes or to obtain documentary disclosure without the witness being subject to cross-examination.

The court emphasized that such a practice would lead to "trial by ambush" and discourage early settlement.

The plaintiffs sought an order to dispense with service of a motion record, remove litigation guardians for adult children, and approve a minor's settlement following a motor vehicle accident.

The court dismissed the request to dispense with service due to lack of evidence and outlined several procedural deficiencies regarding the minor plaintiffs reaching the age of majority, the consent documentation, and the form of the draft order.

The substantive aspects of the motion were deferred pending resolution of these procedural issues.