Jerry F. O’Brien

The defendant sought leave to bring a motion for further examination for discovery of the plaintiff, Andrea Belanger, and to compel a first examination for discovery of the minor plaintiff, Zara Belanger.

The court found that leave was required under Rule 48.04(1) for both requests because the defendant had consented to trial adjournments.

Leave for Andrea Belanger's further examination was denied as no substantial or unexpected change in circumstances was shown.

However, leave was granted for Zara Belanger's examination due to her increased age, maturity, and the significant damages claimed on her behalf, with conditions on the scope and duration of the examination.

The plaintiff motorcyclist brought a motion for partial summary judgment on the issue of liability following a motor vehicle accident.

The defendant driver had made a sudden left turn into the plaintiff's path of travel.

The court applied the summary judgment framework and utilized its fact-finding powers to resolve conflicts in the affidavit evidence.

The court found the defendant solely liable for the accident, concluding he failed to ensure the turn could be made in safety and failed to see the plaintiff who was there to be seen.

The court found no contributory negligence on the part of the plaintiff.

The defendant, The Corporation of the County of Essex, brought a motion requesting the plaintiff, Josef Stonehouse, attend a further neuropsychological assessment and for raw test data from the plaintiff's neuropsychologist.

The court denied the motion, finding that leave was required under Rule 48.04(1) as the trial record had been filed and parties had previously agreed they were ready for trial.

Even if leave were granted, the defendant failed to establish the necessity of the further examination, having made a strategic decision to delay and not comply with previous timetables, and considering potential prejudice and "practice effects" on the plaintiff.

Costs were awarded to the plaintiffs.

The plaintiffs moved for summary judgment on liability following a motor vehicle accident.

The court found the defendant driver negligent for driving too fast for conditions, losing control, and crossing into oncoming traffic.

The registered owner and beneficial owner (parents of the driver) were found vicariously liable under the Highway Traffic Act.

Claims of contributory negligence against the plaintiff driver were dismissed due to lack of evidence.

The matter was ordered to proceed to trial for assessment of damages and the threshold issue under the Insurance Act.

The defendants moved to dismiss the plaintiffs' action for inordinate and inexcusable delay, spanning 22 years.

The litigation arose from a business partnership dissolution and minority shareholder dispute from 1993, involving allegations of oppression, breach of fiduciary duty, and fraudulent manipulation of accounts.

The court applied the Langenecker v. Sauvé test under Rule 24.01, finding the delay inordinate and inexcusable, particularly due to the plaintiffs' failure to advance the case and the loss of their entire file, including critical financial documentation and the death of the primary plaintiff and key accountants.

The court concluded that a fair trial was no longer possible due to both presumed and actual prejudice to the defendants.

The plaintiffs' action was dismissed for delay.

The plaintiffs brought an action for damages after a student suffered a brain injury following an altercation with another student during a morning playground game at school.

The claim alleged negligent supervision by the school board, principal, and teachers, inadequate supervision planning, and failure to identify the students as requiring heightened monitoring due to prior behavioural issues and bullying.

The court applied the prudent parent standard under the Education Act and relevant case law governing school supervision.

It found that the school maintained an adequate supervision plan and that supervising teachers were circulating appropriately at the time of the incident.

The altercation occurred suddenly during an otherwise acceptable playground activity and would likely not have been prevented even with additional supervision.