2 total
The Court of Appeal upheld the dismissal of a motor vehicle negligence action, finding the respondent had no duty to anticipate a collision when his view was obstructed.
The appellant appealed a summary judgment dismissing her motor vehicle negligence action arising from a collision at an intersection in London, Ontario.
The appellant's vehicle struck the respondent's pickup truck after the appellant proceeded through a stop sign.
The motion judge found the respondent was not speeding and could not see the appellant's vehicle due to an intervening cement truck.
The appellant argued the respondent should have been more cautious given the presence of stopped vehicles.
The Court of Appeal upheld the summary judgment, finding no palpable and overriding error in the motion judge's conclusion that the respondent had no duty to reduce speed or take extra precautions under the circumstances.
Motion for independent medical examination dismissed due to delay and potential prejudice to trial date.
The defendant insurer brought a motion for an order compelling the plaintiff to undergo an independent psychiatric examination.
The plaintiff opposed the motion, arguing it was brought too late and would jeopardize the trial date.
The court dismissed the motion, finding that the insurer had possessed the plaintiff's medical records for a considerable time and had already benefited from independent examinations in the accident benefits context.
The court concluded that ordering the examination so close to trial would prejudice the plaintiff and diminish the prospect of a meaningful pre-trial.
