Keaghan Karl Hepp

This is a medical malpractice action arising from the death of Maria Patria Asajar on January 22, 2014, following alleged misdiagnosis and delay in treatment of an aortic dissection at North York General Hospital.

The plaintiffs brought a motion for a status hearing under Rule 48.14(6) of the Rules of Civil Procedure after the action had not been set down for trial within the prescribed timeframe.

The defendants opposed, arguing the action should be dismissed for delay.

The court found that the plaintiffs provided an acceptable explanation for the delay and that there was no non-compensable prejudice to the defendants.

The action was permitted to proceed with new mediation and trial-setting deadlines.

In a medical negligence action, the plaintiff sought to call multiple expert witnesses of the same specialty to opine on the same issues.

During a trial management conference, the pretrial judge ordered the plaintiff to elect which experts would testify to avoid duplicative evidence.

The plaintiff objected, arguing that only the trial judge had jurisdiction to limit expert witnesses.

The court affirmed its jurisdiction under Rule 50 of the Rules of Civil Procedure to make orders streamlining expert evidence and preventing duplication, emphasizing the need for trial efficiency and early disclosure.

The defendant brought a motion for the production of the plaintiff's bank records from May 2009 to the present.

The plaintiff, a sole proprietor claiming significant economic loss following a motor vehicle accident, opposed the motion on the basis that he had already produced ledgers and tax records.

The court found the bank statements were relevant to verify the plaintiff's pre-accident income and test the adjustments made by his economic loss expert.

Applying the principle of proportionality, the court ordered the production of the bank statements, with the defendant to reimburse the plaintiff for the cost of obtaining them.