Sarah Naiman

The court issued a costs endorsement following a motion where the Moving Defendants sought to compel undertakings and defence medical examinations (DMEs).

The court found divided success: the Plaintiff succeeded in resisting the neurosurgical DME and the broad request for ongoing undertakings, while the Moving Defendants succeeded in compelling a physiatry DME.

The court determined costs on a partial indemnity basis, awarding the Plaintiff $7,933.23 and the Moving Defendants $1,180.63, reflecting the Plaintiff's greater overall success on the motion.

The plaintiff brought a motion to compel answers to questions refused at the defendant's examination for discovery, to compel production of documents, and for leave to amend the statement of claim in a motor vehicle accident action.

The court ordered the defendant to disclose particulars of surveillance evidence before the plaintiff's examination, produce a redacted accident benefits application, and re-attend discovery regarding his opiate use.

The court also granted the plaintiff leave to amend the statement of claim to include allegations of impaired driving, punitive damages, and breaches of statutory settlement duties.