Jeffrey E. Naganobu

The applicant, Northbridge General Insurance Corporation, appealed an arbitration decision that found it was higher in priority to pay statutory accident benefits for an individual with advanced dementia.

The arbitrator had determined that the individual was not principally dependent on her daughter for care, which would have shifted priority to the daughter's insurer, RBC General Insurance Company.

The Superior Court reviewed the arbitration decision on a standard of reasonableness, finding no error in the arbitrator's assessment of dependency, which considered the extensive care provided by a long-term care facility versus the daughter's contributions.

The appeal was dismissed.

In a personal injury action arising from a motor vehicle accident, the plaintiff moved for an order compelling the defendant to provide detailed particulars of surveillance conducted on the plaintiff.

The defendant agreed to disclose limited information but refused to provide full particulars where it did not intend to rely on the surveillance at trial.

The court held that the disclosure obligations under the Rules of Civil Procedure and the discovery process require full disclosure of surveillance particulars even if the defendant does not intend to use the evidence at trial.

Such disclosure assists parties in evaluating the strength of their cases and encourages settlement by preventing tactical surprise.

The motion was granted and the defendant was ordered to provide the requested surveillance particulars.