Olga Elmanova

The moving party brought a motion for leave to appeal a lower court decision.

The Divisional Court dismissed the motion for leave to appeal with no order as to costs.

At a case conference arising from a motor vehicle accident, counsel for a plaintiff in a related action advised she was unable to contact her clients and was considering a motion to be removed from the record.

The court adjourned the case conference to allow counsel to determine her position and to investigate whether her client's death was caused by the accident.

The plaintiffs and defendant in a motor vehicle accident action reached a settlement at mediation, subject to the plaintiff in a companion action agreeing to limit her claim to the remaining policy limits.

Counsel for the plaintiff in the companion action failed to attend the case conference despite a previous endorsement directing her to do so.

The court adjourned the case conference and ordered counsel for the plaintiff in the companion action to attend the next date to address the status of her action, document production, the cause of her client's death, and whether she will limit her damages to the remaining policy limits.

This endorsement addresses a procedural issue in a motor vehicle accident action where a settlement could not be finalized due to the plaintiff in a companion action failing to provide their position regarding policy limits.

The plaintiff in the current action sought directions from the court.

The court declined to make immediate orders affecting the absent party but adjourned the case conference and directed the defendant to ensure the companion action's plaintiff attends the next conference, reserving the right to make procedural orders under Rule 50.13(6).