Richard Shekter

The defendants brought a motion to compel the plaintiff to attend and complete a defence neuropsychological examination.

The plaintiff, who suffered catastrophic impairment in a motor vehicle accident, had attempted the assessment on three occasions but was unable to complete it due to severe headaches, fatigue, and psychological distress.

The court dismissed the motion, finding that the plaintiff was not malingering and that compelling further testing would be futile and pose an undue risk of self-harm.

The court also adjourned the pre-trial to allow the defendants time to review newly filed expert reports.

The plaintiffs were successful at a jury trial for damages arising from a motor vehicle accident, with the defendant Hann found fully liable and the defendant Albright found not liable.

In this post-trial endorsement, the court addressed several issues including costs, policy limits, and Family Law Act damages.

The court found the plaintiffs' motion regarding the insurer's policy limits premature.

The court granted a Sanderson order, requiring the unsuccessful defendant to pay the successful defendant's costs, finding it was reasonable for the plaintiffs to keep the successful defendant in the action.

The court fixed the plaintiffs' costs on a partial and substantial indemnity basis.

Finally, the court upheld the jury's award of Family Law Act damages to the plaintiff mother for 'on-demand guidance' provided to her brain-injured daughter, finding such support compensable as 'other services' under s. 61(1)(d) of the Family Law Act.