Natasha Skupsky

The defendant requested an adjournment of a fixed trial date at a case conference, citing outstanding production issues including pre-accident medical notes and employment records.

The plaintiffs opposed the adjournment.

The court dismissed the request, noting that discoveries occurred over a year prior and the defendant had ample time to bring production motions.

The court maintained the fixed trial date, emphasizing that such dates are only adjourned in extenuating circumstances, which were not present.

The defendant brought a motion to adjourn the pre-trial conference and trial of a motor vehicle accident action.

The plaintiffs had served several expert reports, including a new economic loss report and a biomechanics report, shortly before the deadline and trial date.

The defendant argued that additional time was required to obtain responding expert reports, conduct further defence medical examinations, and pursue documentary discovery from non-parties.

The court granted the adjournment, finding that the prejudice to the defendant in proceeding to trial without the opportunity to fully defend the claims outweighed the prejudice to the plaintiffs caused by the delay.

The plaintiff was injured in a motor vehicle accident when the vehicle he was in was struck by a vehicle driven by the defendant.

The main action settled for $220,000.

The defendant brought a third party claim against another driver, alleging that the third party's road rage and threatening behaviour caused the defendant to flee the scene and strike the plaintiff's vehicle.

The court found that the third party's conduct materially contributed to the accident and apportioned liability 50/50 between the defendant and the third party, ordering the third party to pay $110,000.

Following a jury trial for a motor vehicle accident, the plaintiff was awarded $2,000 for future housekeeping expenses, with all other heads of damage reduced to zero by statutory deductibles.

The plaintiff brought a motion for judgment, arguing the housekeeping award should not be reduced by a prior $3,650 accident benefits settlement.

The court found the settlement release covered past, present, and future housekeeping expenses, reducing the jury award to zero.

As the successful parties who had made a better offer to settle, the defendants were awarded partial indemnity costs of $138,416.42.