Maciek Piekosz

The defendant brought a motion to compel the plaintiff to attend a defence neuropsychological assessment and for an extension of time to serve the resulting expert report.

The plaintiff had increased his damages claim from approximately $1.5 million to $2.1 million based on additional expert reports regarding future care costs delivered between August and October 2024.

The defendant requested the assessment in late October 2024, after the deadline for service of defence expert reports had passed on December 16, 2024.

The court found the defendant had a reasonable explanation for the delayed request, as the plaintiff's expert reports materially changed the damage claim.

The court granted the motion, ordering the plaintiff to attend the assessment on October 21, 2025, and granting leave to serve the report by November 30, 2025.

The court also granted the plaintiff leave to amend the statement of claim to increase the quantum of damages without additional terms.

The court considered whether the plaintiff, Cory McGrath, sustained a permanent serious impairment of an important physical, mental, or psychological function as a result of a motor vehicle collision, as required by the "threshold" in section 267.5(15) of the Insurance Act.

After a jury trial and detailed review of the evidence, including expert and lay testimony, the court found that Ms. McGrath met the threshold, entitling her to recover health care expenses and non-pecuniary loss.

The decision provides a thorough application of the statutory and regulatory framework, and the relevant case law, to the facts of the case.

The defendants brought a motion for an order compelling the plaintiff to attend an independent medical examination (IME) with a neuropsychologist in Hamilton.

The plaintiff agreed to the IME and the choice of physician but sought accommodation due to childcare responsibilities and ongoing family and criminal proceedings.

The court, while acknowledging the defendants' entitlement to the IME, imposed conditions to accommodate the plaintiff, including covering transportation and childcare expenses, and allowing the assessment to be conducted over multiple days if necessary to respect her childcare commitments.