Jeremy Hanigan

The defendants brought a motion to adjourn the trial of a slip and fall action scheduled for March 2026.

The plaintiff, who claimed damages for chronic pain syndrome, failed to produce approximately 400 pages of medical records and update her oral discovery answers until weeks before trial.

The court found that the plaintiff breached her discovery obligations under the Rules of Civil Procedure.

To ensure trial fairness and allow the defendants to respond to the new evidence, the court granted the adjournment.

The appellant appealed and sought judicial review of a Licence Appeal Tribunal decision that denied her catastrophic impairment designation and income replacement benefits following a motor vehicle accident.

The appellant argued that the Vice-Chair provided insufficient reasons, relied on issues not raised in the denial letters, denied her procedural fairness, and made unreasonable findings of fact.

The Divisional Court dismissed the appeal and application for judicial review, finding that the Vice-Chair provided comprehensive reasons, properly applied the 'but for' test for causation, afforded procedural fairness, and made reasonable findings based on the evidence.

Following their successful defence against a motion to add them as third parties, the Proposed Defendants sought partial indemnity costs.

The moving party, Security National, argued the Proposed Defendants were merely intervenors and not entitled to costs.

The court found that the Proposed Defendants had standing and, even if considered intervenors, met the exception to the general rule against awarding costs to intervenors due to their significant interests and necessary participation.

The court awarded partial indemnity costs of $5,328 to People on Bikes and Gord Townley, and $2,667 to His Majesty the King.

This is an appeal from an order dismissing a motion to set aside a noting in default.

The appellants (defendants in the original action) had repeatedly delayed filing a defence, despite extensions and changes in counsel.

The motion judge applied the principles for setting aside a noting in default, considering the full context, including the parties' behaviour and reasons for delay.

The Court of Appeal found no error in the motion judge's comprehensive analysis and dismissed the appeal, affirming that the plaintiff was entitled to proceed given the defendants' prolonged non-compliance.