Joanne Blacklock

This decision addresses three evidentiary issues raised at the commencement of a personal injury trial following jury selection.

The court considered the plaintiff's right to introduce expert opinion on pension loss, a family doctor's opinion on causation of a pre-existing back condition, and a treating psychiatrist's reports.

The court allowed the pension loss expert evidence, subject to an adjournment and potential costs, and the psychiatrist's reports, also necessitating an adjournment.

However, the family doctor's causation opinion was deemed to exceed the scope of a participant expert and was excluded due to non-compliance with Rule 53.03.

The self-represented appellant appealed a trial judgment, arguing the trial judge should have adjourned the trial on his own initiative so the appellant could confer with counsel, given his head injury and unreasonable positions.

The Court of Appeal dismissed the appeal, finding the trial judge conducted a fair trial and repeatedly offered adjournments which the appellant refused.

The Applicant was injured in a motor vehicle accident and received statutory accident benefits.

The Insurer terminated benefits and scheduled insurer examinations, which the Applicant did not attend.

The Insurer argued the Applicant was precluded from arbitrating her claims under sections 42 and 50 of the Schedule.

The Arbitrator found that the Applicant's counsel had requested a postponement and that the Applicant had reasonable medical explanations for her non-attendance, including a confused state and impending back surgery.

The Arbitrator ruled that the Applicant may proceed with the arbitration.