citation: "Courneyea v Mazzuca, 2019 ONSC 2105" parties: "Adam Alexander Courneyea, Oretta Courneyea, Christine Courneyea and Romana Moratti, Plaintiffs AND Nino Carmen Mazzuca, Toyota Credit Canada Inc./Toyota Financial Services and Security National Insurance Company, Defendants" party_moving: "Nino Carmen Mazzuca and Toyota Credit Canada Inc./Toyota Financial Services" party_responding: "Adam Alexander Courneyea" court: "Superior Court of Justice" court_abbreviation: "ONSC" jurisdiction: "Ontario" case_type: "motion" date_judgement: "2019-04-02" date_heard: "2019-03-26" applicant:
- "Nino Carmen Mazzuca"
- "Toyota Credit Canada Inc./Toyota Financial Services" applicant_counsel:
- "Evan Argentino" respondent:
- "Adam Alexander Courneyea"
- "Oretta Courneyea"
- "Christine Courneyea"
- "Romana Moratti" respondent_counsel:
- "David Fisher" judge:
- "Jolley"
summary: >
The defendants sought an order compelling the plaintiff to attend a further examination for discovery, arguing that his psychological condition had substantially deteriorated since the initial discovery. The plaintiff opposed, asserting that any changes were merely in symptoms, not the underlying condition, and that further examination was unnecessary given the production of updated medical records. The court found that the plaintiff's post-discovery diagnosis of PTSD, suicidal ideations, and admission to hospital on a Form 1 constituted a substantial deterioration and exceptional circumstances warranting a further examination.
interesting_citations_summary: >
This decision applies the "exceptional circumstances" test for ordering a further examination for discovery, affirming that a substantial deterioration in a plaintiff's condition, particularly psychological, can meet this threshold. It distinguishes between a mere change in symptoms and a significant change in the magnitude and nature of the injury, as evidenced by new diagnoses (PTSD), suicidal ideations, and hospital admissions. The case reinforces that the plaintiff's own testimony can provide unique insights beyond medical reports.
final_judgement: >
The defendants' motion for a further examination for discovery was granted, with the examination to occur within 90 days. The defendants were awarded costs of $3,500, payable by the plaintiff at the conclusion of the trial or settlement.
winning_degree_applicant: 1
winning_degree_respondent: 5
judge_bias_applicant: 0
judge_bias_respondent: 0
year: 2019
decision_number: 2105
file_number: "CV-14-511915"
source: "https://www.canlii.org/en/on/onsc/doc/2019/2019onsc2105/2019onsc2105.html"
cited_cases:
legislation: []
case_law:
- title: "Green v. Viens, 2018 ONSC 498" url: "https://www.canlii.org/en/on/onsc/doc/2018/2018onsc498/2018onsc498.html"
- title: "Ozdemir v Economical Mutual Insurance Group, 2016 ONSC 5682" url: "https://www.minicounsel.ca/scj/2016/5682"
- title: "Benedetto v. Giannoulias, 2009) seek an order requiring the plaintiff Adam Courneyea (“the plaintiff” for the purposes of this motion) to attend a further examination for discovery.
[2] The plaintiff was involved in a motor vehicle accident on 13 September 2012 and this action was commenced on 10 September 2014. The plaintiff was examined for discovery on 9 February 2015. The parties have a pre-trial scheduled for 10 November 2020 and a 25 day trial set to commence on 18 January 2021.
[3] The parties agree that the defendants must demonstrate that there are exceptional circumstances that warrant a further examination (Green v. Viens 2018 ONSC 498). I note that the court in Ozdemir v Economical Mutual Insurance Group, 2016 ONSC 5682, relying on Benedetto v. Giannoulias 2009