J. Lim

The defendant insurer moved to dismiss the plaintiff's action for long-term disability benefits, arguing the court lacked jurisdiction because the plaintiff's employment was governed by a collective agreement requiring arbitration.

The plaintiff, a registered nurse, was working in a temporary non-union management position on the date she became disabled and stopped working.

The court found that because the plaintiff was not in the bargaining unit on the date of disability, the collective agreement did not apply to her claim.

The motion to dismiss was dismissed, affirming the Superior Court's jurisdiction.

After a defendant’s summary judgment motion was dismissed, the plaintiffs sought costs on a full indemnity basis for the motion.

The moving defendant argued that costs should either be reserved to the trial judge or fixed on a partial indemnity basis.

The court noted that both parties had adopted the unusual approach of filing evidence on a file-review basis and that the issue of the defendant’s liability remained a live issue requiring trial.

In these circumstances, the court held it was appropriate to leave the determination of motion costs to the trial judge.

Following the dismissal of a defendant’s summary judgment motion in a civil action arising from an alleged incident involving public transit, the court issued procedural directions to prepare the matter for trial.

The motion failed because the moving party lacked admissible evidence and could not rely on admissions from the plaintiffs’ discoveries to establish the claim.

The court directed the plaintiffs to file a trial record, exchange specified documentation relating to accident benefits claims and damages, and undergo defence medical examinations.

Further directions were provided regarding mediation, cost submissions, and scheduling the matter on the Toronto Region Civil Jury Trial List.

The court also rejected the defendant’s request to cross‑examine the plaintiffs’ experts before trial, confirming that no general right exists for such out‑of‑court examinations.