K. Arvai

The defendants brought a motion seeking production of a future care cost report and an income loss report from the plaintiff's 2007 motor vehicle accident benefits file.

The plaintiff had sued for injuries sustained in a 2011 slip and fall.

The court dismissed the motion, finding that the requested reports were predicated on medical assumptions and had no relevance since the prior medical reports had already been disclosed to the defendants' experts.

The plaintiff brought a motion to compel his former solicitor to transfer his file to his new solicitor.

The former solicitor asserted a solicitor's lien and demanded immediate payment of outstanding disbursements before releasing the file.

The court reviewed the contingency fee retainer agreement and found it did not require immediate payment of disbursements upon termination.

Given the plaintiff's impecuniosity and the former solicitor's ability to protect its interests via a charging order against future settlement proceeds, the court ordered the file transferred subject to a $300 copying fee.

The plaintiff was injured in a motor vehicle collision when the defendant driver failed to yield the right-of-way at an intersection.

The plaintiff suffered a mild traumatic brain injury, depression, and chronic pain, which substantially interfered with her employment and daily life.

The court found the defendant driver fully liable and his employer vicariously liable.

The court held that the plaintiff's injuries met the statutory threshold for non-pecuniary damages and awarded $100,000 in general damages, $50,000 for loss of competitive advantage, and $45,000 in Family Law Act damages.

The court also discharged the jury due to inflammatory opening statements by defence counsel.