Farah Hakim

In a personal injury action, the defendant brought a motion to compel the plaintiff to produce a further and better affidavit of documents and to pay for the production of pre-accident medical records.

The plaintiff argued that the defendant should bear the cost of obtaining records not currently in her possession.

The court held that routine pre-accident medical records are relevant and producible at the plaintiff's expense, as they are a standard part of personal injury litigation.

The Respondent brought a motion seeking to dismiss the Applicant's 26-year-old family law application for delay and to discharge a Certificate of Pending Litigation (CPL) registered against a property.

The Applicant provided extensive reasons for the delay, including severe health issues, financial hardship, and alleged abuse by the Respondent.

The court found that the Applicant successfully rebutted the presumption of prejudice arising from the inordinate delay and that the Respondent failed to demonstrate actual prejudice.

Furthermore, the court determined there was a triable issue regarding the Applicant's constructive trust claim in the property, which weighed against discharging the CPL.

Consequently, the Respondent's motion was dismissed, the CPL remained in place, and an expedited trial on the outstanding issues was ordered.