Dr. Adrian Upton

The plaintiffs brought a motion to adjourn the trial of a motor vehicle accident claim, alleging serious misconduct and fraud by the defendant's medical expert and defence counsel.

The plaintiffs sought time to investigate these claims and introduce prior tribunal and judicial findings against the expert.

The court dismissed the motion, finding no evidentiary basis for the allegations and noting that prior tribunal decisions and judicial comments on the expert's credibility are inadmissible in the civil trial.

The court held that an adjournment would cause undue delay and prejudice the administration of justice.

The defendant law firm moved for summary judgment dismissing a former client’s action for solicitor’s negligence arising from a failed motor vehicle personal injury claim.

The plaintiff alleged the lawyers mishandled the underlying litigation and caused her to lose at trial.

The court held that even if deficiencies in the lawyers’ conduct were assumed, the plaintiff could not prove that any breach caused her loss or that she lost a viable chance of success.

The evidence showed the poor trial outcome resulted from weaknesses in the plaintiff’s case rather than the lawyers’ conduct.

The plaintiff’s claim for repayment of legal fees was also barred by res judicata based on a prior court‑approved settlement of the fees dispute.

The moving defendants sought to dismiss the plaintiff's personal injury action for failure to pay a previous costs award and failure to comply with an interlocutory order regarding undertakings.

The Master declined to dismiss the action, finding the plaintiff was impecunious.

The defendants also sought production of the plaintiff's accident benefits file from a subsequent motor vehicle accident and orders for two additional independent medical examinations.

The Master ordered the plaintiff to produce relevant documents from the subsequent accident benefits file and to attend the requested independent medical examinations with a neuropsychologist and a psychiatrist to ensure trial fairness.

The appellant appealed an arbitration decision denying his claims for weekly income benefits, non-earner benefits, and medical and rehabilitation benefits following a motor vehicle accident.

The appellant, an accordion player, claimed he earned income from performing prior to the accident and was completely disabled from his essential tasks.

The Director's Delegate upheld the Arbitrator's findings that the appellant failed to prove he earned income from playing the accordion before the accident and failed to establish a complete inability to perform his essential tasks.

The Director's Delegate also dismissed the appellant's allegations of bias against the Arbitrator and upheld the order requiring the appellant to pay the insurer's arbitration expenses.

The applicant was injured in a motor vehicle accident and claimed statutory accident benefits, including a loss of earning capacity (LEC) benefit, housekeeping expenses, and shop assistant expenses.

The arbitrator determined the applicant's pre-accident earning capacity based on her reported income and unreported tips, and found she had no residual earning capacity due to a mild to moderate brain injury.

The claim for a shop assistant was dismissed as an unreasonable rehabilitation expense, while the claim for housekeeping expenses was allowed.

The applicant's request for a special award was dismissed.