Jamie Min

The defendant requested a case conference to compel the plaintiff to sign a medical authorization form prior to an independent medical examination with a psychiatrist.

The plaintiff's counsel failed to attend the case conference despite being notified.

The court held that the issue could be determined expeditiously at a case conference under Rule 50.13.

The court ordered the plaintiff to execute the authorization, noting that it simply sets out the plaintiff's obligation to provide an accurate medical history and list of injuries, which is standard and necessary for the examiner to produce a report under Rule 53.03.

The appellant law firm, UL Lawyers Professional Corporation, appealed a Superior Court decision denying their request for a solicitor's lien against settlement proceeds.

The firm had represented the respondent client in motor vehicle litigation before being discharged.

The application judge found two of the three criteria for a charging order met but concluded there was no evidence the client would not pay.

The Court of Appeal found that the application judge erred in relying on an ambiguous undertaking and that a subsequent $5,000,000 lawsuit filed by the client against the firm provided sufficient "some evidence" that the client would not pay.

The appeal was allowed, and the firm was granted a solicitor's lien for $73,195.75 plus costs.