Court File and Parties

Oshawa Court File No.: CV-17-0098 Date: 2018-08-03 Superior Court of Justice - Ontario

Re: Michelle Sealy, Plaintiff And: Anastasia Tobin, Defendant

Before: The Honourable Mr. Justice C.F. de Sa

Counsel: B. Sandu, Student-at-law for the Plaintiff M. Silver, Student-at-law for the Defendant

Heard: July 13, 2018

Endorsement

[1] The action relates to a motor vehicle accident which occurred on March 5, 2015. The plaintiff, Michelle Sealy, was examined for discovery and provided various undertakings, under advisements and refusals on November 30, 2017.

[2] The defendant has brought a motion seeking answers to outstanding refusals. The outstanding refusals given at examination for discovery relate primarily to a motor vehicle accident in which the plaintiff was involved in 2007. The accident was similar in nature to the accident which is the subject of the claim. The plaintiff required a leave of absence after the accident in 2007.

[3] The employment file produced demonstrated complaints of neck, back and shoulder sprain/strain dating back to 2007. Several entries from the plaintiff’s OHIP Decoded Summary from 2012 to 2014 also indicate that the plaintiff was suffering from similar complaints. The defendant has sought any information pertaining to the 2007 accident for the purpose of determining whether the 2007 accident could be related to the current damages claimed.

[4] The plaintiff takes the position that the gap between these complaints in 2012 and the accident in 2007 make the request for information relating to the 2007 accident a pure fishing expedition. I do not agree.

[5] At paragraph 6 of the Statement of Claim the plaintiff alleges that she has sustained injuries to her back, right foot and ankle, and bruising to her entire body. At paragraph 7 of the Statement of Claim the plaintiff alleges that these injuries resulted in ongoing pain and dysfunction to her back and ankle, chronic pain, insomnia, general tearing and straining of muscles, emotional and psychological, post-traumatic stress, anxiety and depression, a reduction in enjoyment of activities and a reduction in enjoyment of life.

[6] I agree with the defendant that these documents pertaining to the 2007 accident/injuries are potentially relevant to any assessment of damages, the degree to which damages alleged are attributable to the subject motor accident, and the degree to which the alleged injuries predated the subject accident.

[7] Accordingly, the plaintiff will answer the refusals and provide the relevant records pertaining to the accident of 2007. The plaintiff will also comply with any outstanding undertakings within 30 days of the date of this order.

[8] Costs ordered in favour of the defendant on the motion in that amount of $2000.

Justice C.F. de Sa Date: August 3, 2018