8 total
Surveillance evidence disclosed shortly before trial not excluded, but plaintiff granted adjournment to review it.
The plaintiff sued for damages arising from altercations with security guards.
Shortly before the jury trial commenced, the defendants conducted surveillance on the plaintiff and disclosed the video and report to the plaintiff's counsel.
During the trial, the defendants sought to use the surveillance as substantive evidence or for impeachment.
The plaintiff argued the evidence should be excluded due to late disclosure.
The court held that the defendants required leave to introduce the evidence under Rule 48.04, as the matter had been set down for trial.
The court declined to exclude the evidence outright, finding it relevant and material, but granted the plaintiff a 1.5-day adjournment to review the footage and prepare.
Late defence psychiatric exam request refused after action was set down for trial.
In this personal injury action arising from a motor vehicle accident, the moving defendant sought leave after the action had been set down for trial to bring a motion compelling the plaintiff to attend a defence psychiatric examination shortly before a scheduled jury trial.
The court held the defendant knew or ought to have known for years that serious psychological impairment was being advanced and that the recent report did not amount to a substantial or unexpected change in circumstances.
The court found the late request risked imperilling the long-scheduled trial and would unfairly prejudice the plaintiff, while any prejudice to the defendant was self-induced.
Leave and the requested examination order were refused.
Insurer awarded $750 in expenses after applicant failed to attend arbitration hearing.
The applicant was injured in a motor vehicle accident and applied for statutory accident benefits.
The application was dismissed after the applicant failed to attend the pre-hearing discussion and the arbitration hearing.
The insurer sought its expenses for the arbitration.
The arbitrator awarded the insurer $750.00 in expenses, inclusive of all fees, disbursements, and taxes, noting the insurer's complete success and the applicant's failure to present evidence or submissions.
Insurer awarded $750 in costs after applicant failed to attend arbitration hearing.
The application was previously dismissed after the applicant failed to attend the pre-hearing discussion and the arbitration hearing.
In this decision on expenses, the arbitrator awarded the insurer $750.00 in costs, inclusive of all fees, disbursements, and taxes, as the insurer attended and was entirely successful.
Following the dismissal of the applicant's claim for statutory accident benefits due to her failure to attend the pre-hearing discussion and arbitration hearing, the insurer sought its expenses.
The arbitrator awarded the insurer $750.00 in expenses, inclusive of all fees, disbursements, and taxes, noting that the insurer was entirely successful and the applicant made no submissions.
Arbitration application for statutory accident benefits dismissed due to applicant's failure to attend the hearing.
The applicant applied for statutory accident benefits following a motor vehicle accident.
The insurer terminated or denied some benefits, leading the applicant to apply for arbitration at the Financial Services Commission of Ontario.
The applicant failed to attend the scheduled hearing despite receiving proper notice.
As no evidence was submitted in support of the claim, the arbitrator dismissed the application.
Application for statutory accident benefits dismissed due to applicant's failure to attend the hearing.
The insurer terminated or denied some benefits, leading the applicant to apply for arbitration.
The applicant failed to attend the scheduled hearing despite receiving notice.
As no evidence was submitted in regard to the claim, the application was dismissed.
Application for statutory accident benefits dismissed due to applicant's failure to attend the arbitration hearing.
The applicant was injured in a motor vehicle accident and applied for statutory accident benefits from the insurer.
After mediation failed, the applicant applied for arbitration.
A hearing was scheduled, and notice was sent to the applicant.
The applicant failed to attend the hearing and submitted no evidence in regard to her claim.
The arbitrator dismissed the application due to the applicant's non-attendance and lack of evidence.
