3 total
Insurer ordered to produce 33 former employees for discovery before summary judgment motion proceeds.
The plaintiff, a trustee in bankruptcy for a healthcare provider, brought a motion seeking to compel the defendant insurer to produce 33 former employees for examination for discovery prior to the determination of the defendant's summary judgment motion.
The plaintiff also sought the return of $350,000 paid into court as security for costs and an order prohibiting the defendant from bringing further motions.
The court granted the request for discoveries, finding that the parties had previously agreed to them in Minutes of Settlement and that the plaintiff needed the evidence to put its best foot forward on the summary judgment motion.
The requests to reduce security for costs and prohibit further motions were dismissed.
Arbitrator dismisses accident benefits claim and orders applicant to repay fraudulent taxi expenses and insurer's filing fee.
The applicant sought ongoing statutory accident benefits following a motor vehicle accident where he struck a van while riding his bicycle.
The insurer terminated weekly income benefits after 156 weeks and sought repayment for overpaid taxi expenses.
The applicant failed to appear at the arbitration hearing.
The arbitrator found that the applicant suffered only minor soft tissue injuries that had resolved, and that his ongoing low back complaints were not accident-related.
The arbitrator dismissed the claims for ongoing weekly income and medical benefits, ordered the applicant to repay $4,726 for fraudulent taxi receipts, and ordered the applicant to reimburse the insurer's $1,000 filing fee due to the frivolous nature of the proceeding and his failure to appear.
Appeal dismissed; foreseeability of suicide was subsumed in the agreed jury question on causation.
The appellant appealed a jury award of damages under the Fatal Accidents Act following the suicide of the respondent's husband, which occurred sixteen months after a motor vehicle accident caused by the appellant's negligence.
The appellant argued the trial judge failed to properly instruct the jury on the foreseeability of suicide.
The Supreme Court of Canada dismissed the appeal, holding that the parties had agreed before trial to limit the jury's consideration solely to the issue of causation, thereby subsuming the issue of foreseeability.
