J. Hogan

The plaintiff brought a motion for leave to amend its statement of claim and to compel answers to refusals from the defendant's examination for discovery in an action for repayment of disability benefits.

The defendant opposed the amendments, arguing they were barred by s. 36(3) of the Regulated Health Professions Act, 1991.

The court granted leave to amend, finding the amendments pleaded underlying facts rather than prohibited records.

The court also ordered the defendant to answer the refused questions regarding CPSO proceedings, financial records, and other litigation, with minor limitations.

The plaintiff was involved in a motor vehicle accident and commenced two actions: a tort action against the other driver and a breach of contract action against her long-term disability insurer.

After both actions were set down for trial and subsequently struck from the trial list due to counsel's non-attendance, the plaintiff brought a motion to have the actions consolidated or heard together.

The court granted leave under Rule 48.04 to hear the motion, applying a flexible approach as no trial dates would be delayed.

The court ordered the actions to be tried together or consecutively, finding they shared common questions of fact regarding the plaintiff's injuries and that hearing them together would save costs and avoid multiplicity of proceedings.