Thomas Hughes

The plaintiff was involved in a rear-end motor vehicle collision after an unidentified school bus spun out of control on the highway.

The plaintiff sued the unidentified driver and his own insurer under the unidentified motorist coverage.

The insurer brought a motion for summary judgment to dismiss the action, arguing the plaintiff was solely responsible for the collision.

The court dismissed the motion, finding the plaintiff established a prima facie case of negligence against the bus driver that required a trial.

The court also declined to use its expanded fact-finding powers under Rule 20.04(2.1) because the plaintiff had served a jury notice, and it was in the interests of justice to preserve the right to a jury trial.

Multiple defendants brought motions seeking the appointment of a litigation guardian for a self‑represented plaintiff pursuing four personal injury actions.

The court considered medical evidence from a psychiatrist assessing the plaintiff’s mental capacity under s. 6 of the Substitute Decisions Act, 1992 and Rules 7.01 and 7.04 of the Rules of Civil Procedure.

The expert concluded that the plaintiff suffered from a delusional disorder and was unable to understand information relevant to litigation decisions or appreciate the reasonably foreseeable consequences of those decisions.

The court found the plaintiff’s expectations of recovering approximately $26.9 million in damages to be grossly unrealistic and indicative of an inability to make rational litigation decisions.

On a balance of probabilities, the court determined the plaintiff was mentally incapable in respect of the litigation and required a litigation guardian.