Mikolaj T. Grodzki

The moving parties brought a motion for leave to appeal the decision of J.S. Richard J. dated April 5, 2024.

The Divisional Court dismissed the motion for leave to appeal without costs.

The plaintiff sued two physicians for medical malpractice, alleging they negligently failed to diagnose and treat him for Lyme disease following a suspected tick bite in April 2010.

The emergency room physician diagnosed cellulitis and prescribed antibiotics, while the family physician later treated the plaintiff for various ongoing symptoms but did not diagnose Lyme disease.

The court found that neither physician breached the standard of care.

Furthermore, the court concluded the plaintiff failed to prove on a balance of probabilities that he was bitten by a tick or that he actually contracted Lyme disease.

The action was dismissed.

The plaintiffs in the main action brought a motion to strike a jury notice in consolidated motor vehicle accident trials, arguing that the estimated 8-10 week trial duration could not be accommodated within the court's allotted 6-week jury trial period due to limited judicial resources and pandemic-related backlogs.

The defendants opposed, asserting the motion was premature.

The court granted leave to bring the motion, finding the delay justified by the pandemic's impact and judicial resource constraints.

The motion to strike the jury notice was granted, converting the main action to a judge-alone trial, emphasizing the necessity of ensuring timely justice given the case's age and the unlikelihood of completing a jury trial within the available time.

The respondents were injured in a motor vehicle accident caused by an employee of the appellant who was driving his personal vehicle to a remote job site.

The employee had taken a short detour for coffee when the collision occurred.

The motion judge granted summary judgment finding the employer vicariously liable under the first branch of the Salmond test, as the travel and detour were authorized acts within the course of employment.

The Court of Appeal dismissed the employer's appeal, upholding the finding that the employee was authorized to drive to the job site and take a short break, making the employer vicariously liable.

The plaintiffs brought a motion to strike the defendants' jury notice due to the suspension of civil jury trials in Ottawa caused by the COVID-19 pandemic.

The defendants brought a cross-motion to compel the injured plaintiff to attend an independent medical examination (IME) without the presence of a support person.

The court granted both motions, finding that the pandemic-related delay justified striking the jury notice to ensure timely access to justice, and that the defendants were entitled to an IME without third-party interference absent medical evidence requiring a support person.

The defendants brought a motion seeking costs thrown away on a substantial indemnity basis for a late trial adjournment and an order suspending pre-judgment interest.

The trial was adjourned due to the plaintiff's counsel's failure to comply with timetable orders, including providing proper witness statements and an ever-changing witness list, which rendered the original four-week trial estimate unrealistic.

The court found the plaintiff and his counsel responsible for the adjournment, awarded the defendants $100,000 in costs thrown away on a partial indemnity basis, and suspended pre-judgment interest from the original trial date until the new trial date.

The plaintiffs brought a motion seeking approval of an infant settlement in a motor vehicle accident case.

The requested relief included dispensing with service of supporting affidavits, approval of a contingency fee retainer agreement (CFRA) for the infant plaintiffs, and approval of the settlement dismissing the infant claims without costs.

The court granted the order to dispense with service of affidavits and approved the infant settlement, finding it reasonable and in the infants' best interests.

However, the court declined to approve the CFRA, questioning its validity as it was entered into after the settlement had been reached.

The balance of the action was dismissed without costs.