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Late defence neurological examination denied to avoid delaying imminent trial.
In a personal injury action arising from a helicopter crash, the defendants brought several pre‑trial discovery and procedural motions shortly before trial.
The court ordered production of corporate income tax records relating to the plaintiff’s production company, confirmation from the plaintiff’s accountant regarding the production of corporate records, authorization for defence counsel to obtain contractual records relating to the plaintiff’s involvement with a film production, and permitted questioning regarding the plaintiff’s OHIP records.
However, the court refused the defendants’ request for a late independent medical examination by a neurologist, finding the request was not based on new issues and would likely delay the scheduled trial.
Costs submissions were permitted if the parties could not agree.
Accident benefits experts permitted to testify despite Rule 53.03 non‑compliance.
In a personal injury action arising from a motor vehicle collision where liability was admitted and damages remained in issue, the plaintiff moved to exclude evidence from experts who prepared accident benefits reports for the plaintiff’s insurer.
The plaintiff argued the reports were irrelevant, non-compliant with Rule 53.03 of the Rules of Civil Procedure, prejudicial to trial fairness, and duplicative.
The court held that although the experts had not signed the Form 53 acknowledgement required under Rule 53.03(2.1), the rule applied even to experts retained by non-parties and the non‑compliance could be cured by granting leave subject to obtaining the acknowledgement.
The court found portions of the reports remained relevant to the plaintiff’s cognitive, emotional, and physical condition at an intermediate stage following the accident, though opinions on employability were excluded as no longer relevant.
The motion to exclude the expert evidence was dismissed, subject to conditions.
