S. Simpson

The plaintiff brought a motion to set aside a Registrar's order dismissing her action for delay.

The action, concerning events from 2004 and 2005, was dismissed in 2017 after years of inactivity, largely attributed to the plaintiff's former counsel's severe mental health issues.

Applying the four-part test from Reid v. Dow Corning Corp, the court found that while the motion was brought promptly, the plaintiff failed to provide an adequate explanation for the delay, the delay was not due to inadvertence, and the defendant would suffer significant prejudice if the action were permitted to continue.

The motion was dismissed.

The defendant brought a motion to compel the plaintiff to attend independent medical examinations (IMEs) without conditions and sought costs thrown away for a previously cancelled appointment.

The plaintiff requested to have a support person present and to audio record the examination, citing stress and allegations of bias against the examining doctor.

The court permitted the plaintiff to have a support person present as a passive observer due to her mental condition, but denied the request to audio record the examination, finding insufficient evidence of bias.

The court also declined to award costs thrown away, finding the defendant booked the appointment prematurely before terms were agreed upon, and held that the plaintiff was not required to sign consent forms for the IMEs.

The plaintiff brought a motion for a further and better affidavit of documents, arguing the defendant omitted documents and failed to sufficiently particularize surveillance reports in Schedule B. The plaintiff also sought to cross-examine the deponent.

The court dismissed the motion, finding no evidence of omitted documents and concluding the defendant provided sufficient particulars of the surveillance reports to allow the plaintiff to challenge the privilege claim after discovery.