2 total
The court validated late-served expert reports due to reasonable explanations but made the addition of a punitive damages claim conditional on a trial adjournment.
The plaintiff brought a motion seeking to abridge time and validate service of three expert reports, compel answers to outstanding undertakings, and amend the statement of claim to include punitive damages and relevant legislation.
The court granted the abridgment and validation for two expert reports (Ms. Wainio-Smit and Dr. Lionel Marks de Chabris), finding reasonable explanations for the delay and that any prejudice could be cured by costs or adjournment.
The motion for the third, unserved expert report was adjourned.
The request to compel undertakings was dismissed due to insufficient evidentiary basis.
The motion to amend the pleadings to add a claim for punitive damages and statutory references was granted conditionally: it would be granted if the trial is adjourned due to the expert report issues, with a costs order in favour of the defendants; otherwise, it would be dismissed due to presumed prejudice from delay.
Attendant care benefits partially granted; claims for orthopedic mattress, medicinal cannabis, and special award dismissed.
The applicant sought statutory accident benefits following a motor vehicle accident, including attendant care benefits (ACBs), an orthopedic mattress and pillow, and medicinal cannabis.
The Tribunal found the applicant did not meet her onus for the mattress, pillow, or cannabis, noting a lack of medical evidence and the fact that the mattress was purchased the morning after the accident.
The Tribunal partially granted the ACBs, awarding $537.00 per month based on the applicant's functional limitations with reaching and bending.
However, the Tribunal declined to deem the ACBs incurred under s. 3(8) of the Schedule, finding the insurer's reliance on s. 44 assessments to deny the benefits was not unreasonable.
Claims for a special award were dismissed, but interest was awarded on the payable ACBs.
