Court File and Parties
Lindsay Court File No.: CV-17-111-00 Date: 2018-11-26 Superior Court of Justice - Ontario
Re: Laurie Thomas, Plaintiff And: Bryan Huber and Good’s Garage Limited, Defendants
Before: The Honourable Mr. Justice C.F. de Sa
Counsel: Austin Riley and Noam Uri, Counsel for the Plaintiff Ryan J. Coughlin and Adrian Serpa, for the Defendant Bryan Huber
Ruling on Costs
1This matter was before me on September 17, 2018. The motion was brought by the Defendant Bryan Huber to compel the Plaintiff to attend two defence medical examinations. Ultimately, I ordered the Plaintiff to attend one medical assessment with Dr. Benjamin Clark, Physiatrist.
2I reserved on the issue of whether the Plaintiff would be required to attend an examination by Dr. Patricia Rosebush, Psychiatrist, but only because Plaintiff’s counsel advised in submissions on the morning of the motion that the Plaintiff intended to abandon her psychological injury claim and income loss claim.
3Plaintiff’s counsel indicated that she was awaiting written instructions from the Plaintiff to seek an amendment of the Statement of Claim abandoning her psychological/psychiatric impairment claim as well as her entire income loss claim. These amendments would render the second medical assessment by Dr. Rosebush unnecessary.
4Counsel has now obtained written instructions from the Plaintiff to abandon her psychological injury claim and income loss claim. The Plaintiff requests that she be permitted to amend the Statement of Claim to reflect the same.
5I will grant the request to amend the Statement of Claim. I recognize that the Defendant wishes to reserve his right to seek any costs incurred in relation to psychological injury/income loss claim incurred in the action up to this point. This amendment will not prejudice the Defendant’s ability to seek any costs thrown away in relation to the abandoned claims. These costs can be determined in the cause.
6Given the amendment, there is no need for the Plaintiff to attend a psychiatric assessment with Dr. Rosebush. Defendant’s counsel agreed to this at the motion.
7I will also grant the Defendant his costs of the motion in the amount of $4,000.
8I thank counsel for their assistance in this matter.
Released: November 26, 2018 Justice C.F. de Sa