S. Merredew

The defendant Toronto Transit Commission brought a motion to compel answers to refusals from the plaintiff's examination for discovery in a personal injury action.

The court granted an extension of time for the defendant to bring the motion.

The court ordered the plaintiff to produce her Facebook account, finding it relevant to her claims for loss of enjoyment of life.

The court also ordered the plaintiff to request and produce her employment file from Elections Canada, finding it relevant to her claim for loss of income.

The plaintiff was injured in a motor vehicle collision when the defendant driver failed to yield the right-of-way at an intersection.

The plaintiff suffered a mild traumatic brain injury, depression, and chronic pain, which substantially interfered with her employment and daily life.

The court found the defendant driver fully liable and his employer vicariously liable.

The court held that the plaintiff's injuries met the statutory threshold for non-pecuniary damages and awarded $100,000 in general damages, $50,000 for loss of competitive advantage, and $45,000 in Family Law Act damages.

The court also discharged the jury due to inflammatory opening statements by defence counsel.

The defendants brought a motion to transfer the personal injury trial from Barrie to Toronto.

The incident occurred in Toronto, and most parties and witnesses resided there.

However, the court found that transferring the action to Toronto would result in a substantial delay of at least three years due to court backlogs.

Balancing the factors under Rule 13.1.02(2), the court concluded that the delay would cause undue prejudice to the plaintiff, who was suffering from a traumatic brain injury and financial strain.

The motion was dismissed, keeping the trial in Barrie.