Dr. Erin Boynton

The defendant brought a motion to recover costs thrown away after the plaintiffs refused to sign consent forms at a scheduled defence medical examination, resulting in the examination's cancellation.

The plaintiffs had not been provided the consent forms in advance and were unable to reach their counsel for advice at the time of the appointment.

The court dismissed the motion, finding that the plaintiffs acted reasonably in refusing to sign unfamiliar documents in an adversarial context without the opportunity to consult their lawyer.

The defendant was ordered to pay the plaintiffs' costs of the motion.

The defendant moved to dismiss the plaintiff's 15-year-old personal injury action for delay and breach of court orders, primarily stemming from the plaintiff's failure to complete defence medical examinations.

The plaintiff, who had been self-represented for a significant period, refused to be examined by male doctors due to severe anxiety and later had conflicts with female examining doctors.

The court found the delay was inordinate but excusable given the circumstances, and that the defendant suffered no actual prejudice.

The motion to dismiss was denied, but the court ordered the plaintiff to attend a defence medical examination with a female specialist under strict conditions, including audio recording, warning that failure to comply would result in dismissal.

The defendant moved to dismiss the plaintiff's 15-year-old personal injury action for delay and breach of court orders, primarily due to the plaintiff's failure to complete defence medical examinations.

The plaintiff, who had been self-represented for a significant period, refused to be examined by male doctors due to severe anxiety stemming from a past assault, and later had confrontational interactions with female examiners.

The Master found the delay was inordinate but excusable under the circumstances, and that the defendant suffered no actual prejudice.

The motion to dismiss was denied, but the Master imposed strict terms for a final defence medical examination, including that it be conducted by a female specialist and be audio recorded.

The plaintiff sought damages for personal injuries arising from a motor vehicle accident where liability was admitted.

The plaintiff claimed damages for pain and suffering, past income loss, and future income loss, alleging the accident caused chronic neck, back, and shoulder pain, as well as carpal tunnel syndrome.

The court found that the carpal tunnel syndrome was not caused by the accident.

Furthermore, the court held that the plaintiff's injuries did not meet the statutory threshold for non-pecuniary damages, as the impairments were neither permanent nor serious, relying heavily on medical evidence of reversible muscular imbalance and extensive video surveillance showing the plaintiff engaging in vigorous physical activities.

The claims for past and future income loss were also dismissed, as the plaintiff's decision to leave work was deemed unreasonable and the contingencies for future loss were not established as real and substantial possibilities.

The action was dismissed.