Jason H. Goodman

The applicant sought judicial review of a Licence Appeal Tribunal (LAT) decision refusing to extend the limitation period for her claim for non-earner benefits.

The LAT Act limits appeals to questions of law, but the applicant sought judicial review on issues of mixed fact and law regarding her mental capacity.

Applying the framework from Yatar, the Divisional Court declined to hear the application, finding no exceptional circumstances to justify judicial review where the legislature intended to limit recourse to the courts.

The defendant moved to dismiss the plaintiff's 15-year-old personal injury action for delay and breach of court orders, primarily due to the plaintiff's failure to complete defence medical examinations.

The plaintiff, who had been self-represented for a significant period, refused to be examined by male doctors due to severe anxiety stemming from a past assault, and later had confrontational interactions with female examiners.

The Master found the delay was inordinate but excusable under the circumstances, and that the defendant suffered no actual prejudice.

The motion to dismiss was denied, but the Master imposed strict terms for a final defence medical examination, including that it be conducted by a female specialist and be audio recorded.

The defendant moved to dismiss the plaintiff's 15-year-old personal injury action for delay and breach of court orders, primarily stemming from the plaintiff's failure to complete defence medical examinations.

The plaintiff, who had been self-represented for a significant period, refused to be examined by male doctors due to severe anxiety and later had conflicts with female examining doctors.

The court found the delay was inordinate but excusable given the circumstances, and that the defendant suffered no actual prejudice.

The motion to dismiss was denied, but the court ordered the plaintiff to attend a defence medical examination with a female specialist under strict conditions, including audio recording, warning that failure to comply would result in dismissal.

The appellants appealed an order dismissing their action against the respondent employer.

The Court of Appeal allowed the appeal, finding that the appellants' claim was a separate and independent tort of negligent misrepresentation regarding the process to be followed in pursuing a claim, rather than a claim arising in respect of a worker's injury.

The order dismissing the action was set aside.