T. Kirk Boyd

The defendant moved to strike the plaintiff's statement of claim and dismiss the action for failure to comply with a consent order requiring the plaintiff to answer outstanding undertakings.

The plaintiff, representing himself, willfully refused to answer the undertakings, claiming they were irrelevant and too much work.

The Master found no evidence that the plaintiff was under a legal disability and concluded that his failure to comply constituted a willful and intentional disregard of a court order.

The action was dismissed with costs fixed at $2,800 on a partial indemnity scale.

The defendant moved for leave to appeal an order dismissing his motion for summary judgment.

The underlying action involved a personal injury claim arising from a motor vehicle accident, which the defendant argued was barred by cause of action estoppel because the plaintiff's insurer had previously obtained a consent judgment for property damage in a subrogated action.

The court found conflicting decisions in Ontario and Alberta regarding whether a single wrong can generate more than one cause of action in these circumstances.

Leave to appeal to the Divisional Court was granted to definitively address the issue.

The defendant brought a threshold motion during jury deliberations in a motor vehicle personal injury action, seeking a declaration that the plaintiff's injuries did not meet the statutory threshold under s. 267.5(5) of the Insurance Act.

The plaintiff claimed to suffer from chronic pain syndrome resulting from a minor rear-end collision.

The court preferred the evidence of the defendant's medical expert and relied heavily on video surveillance showing the plaintiff engaging in vigorous physical activities inconsistent with her claimed limitations.

The court found the plaintiff failed to prove a permanent, serious impairment of an important physical function.

Consequently, the jury's award of $50,000 for general damages was disallowed, and judgment was entered only for the $32,000 awarded for past loss of housekeeping services.