Calogero Rumeo

This endorsement addresses a request from the parties to schedule a 20-day judge-alone trial in two non-consecutive, two-week tranches to secure earlier trial dates.

The court, acting as the local administrative judge for civil cases, granted the request.

The decision acknowledged the general preference for continuous trials but found the non-continuous format warranted due to significant delays in the case (partially administrative and pandemic-related) and the consent of all parties.

The court emphasized the need to avoid further deterioration of evidence and provide closure to the plaintiff, who had been involved in litigation for many years.

The plaintiff brought a motion for partial summary judgment on the issue of liability after allegedly being injured when she fell while backing away from the defendant's dog.

The court dismissed the motion, finding that there were significant factual disputes regarding whether the dog made contact with the plaintiff, whether the incident constituted an 'attack' under the Dog Owners' Liability Act, and the extent of the plaintiff's contributory negligence.

The court concluded that a trial was necessary to resolve these genuine issues.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including a non-earner benefit and medical/examination benefits outside the Minor Injury Guideline (MIG).

The Licence Appeal Tribunal found that the applicant failed to provide sufficient evidence comparing his pre- and post-accident activities to establish a complete inability to carry on a normal life.

Furthermore, the Tribunal concluded that the applicant's injuries were predominantly minor and that there was no compelling evidence of a pre-existing heart or back condition that would prevent his recovery within the $3,500 MIG limit.

The application was dismissed.

The applicant sought accident benefits following a motor vehicle accident, including non-earner and medical benefits.

At the outset of the hearing, the applicant terminated his paralegal's representation and proceeded self-represented.

The applicant failed to produce required documentation or call witnesses to support his claims.

The insurer's medical expert testified that the applicant sustained only minor strains requiring limited treatment and had no functional limitations.

The arbitrator accepted the expert's evidence, which the applicant conceded was accurate, and found the injuries fell within the Minor Injury Guideline.

The application was dismissed, and the insurer was awarded $4,000 in expenses.

The applicant sought statutory accident benefits following a motor vehicle accident.

After his counsel was removed from the record due to a breakdown in the solicitor-client relationship, the applicant failed to attend the pre-hearing and the arbitration hearing.

The arbitrator proceeded in his absence and dismissed the claims due to a lack of evidence, finding the application abandoned.

The applicant was ordered to pay $500 in expenses to the insurer.