M. Payne

The plaintiffs brought an unopposed motion to appoint Brooke Charlotte Nichol as the estate representative for the deceased plaintiff, Richard Nichol, and to amend the statement of claim accordingly.

The deceased plaintiff died during the course of the medical malpractice action, and his estate was not probated.

The court found the order necessary to allow the estate to proceed with the action and granted the requested relief.

The defendant hospital brought a motion to compel the plaintiff to satisfy undertakings from examinations for discovery and to attend vocational and physiotherapy assessments.

The plaintiff opposed the assessments, arguing the proposed experts lacked specific medical expertise and the requests were delayed.

The court ordered the plaintiff to urgently fulfill the undertakings and attend the assessments, finding them necessary for trial fairness given the substantial loss of income and future care claims.