3 total
Trial adjourned and costs thrown away awarded to defendants due to plaintiff's eve-of-trial production of a laptop.
At the opening of a scheduled trial, the defendants requested an adjournment because the plaintiff produced a laptop computer containing over 14,000 files the day before trial.
The plaintiff's claim included $1.8 million for past and future income loss, making the newly disclosed work documents highly material.
The court granted the adjournment, finding that trial fairness required the defendants to have an opportunity to inspect the new productions and conduct further examination for discovery.
The defendants were awarded costs thrown away, with the amount to be determined by the trial judge.
Procedural directions issued for the conduct of an 11-day virtual trial using Zoom and CaseLines.
The court issued a Trial Management Endorsement providing procedural directions for an upcoming 11-day virtual trial to be conducted via Zoom and CaseLines due to the COVID-19 pandemic.
The endorsement outlined requirements for the electronic trial record, witness management, document uploading, exhibit marking, and the preparation of a Joint Document Book in accordance with appellate guidance.
Application for accident benefits stayed until applicant attends reasonably necessary psychological insurer's examination.
The applicant sought income replacement benefits following a motor vehicle accident.
The respondent insurer brought a motion to stay the proceeding because the applicant refused to attend a psychological insurer's examination.
The Tribunal found that the requested examination was reasonably necessary given the submission of new medical records by the applicant and the age of the previous assessments.
The Tribunal held that proceeding without the assessment would deny the respondent procedural fairness.
The motion was granted and the application was stayed until the applicant attends the assessment.
