T. Madison

At a case conference and pre-trial for a motor vehicle accident personal injury claim proceeding under the Simplified Rules, the court addressed whether the trial could be completed within the allotted five days.

The plaintiff had initially proposed a witness list that exceeded the time limit.

After the plaintiff reduced her witness list, the court imposed a strict trial timetable to ensure the matter could be heard within five days, noting that the plaintiff chose the Simplified Rules and must bear the burden of fitting her case within its constraints.

The defendant brought a motion to compel the plaintiff to answer questions refused at his examination for discovery and to serve a further and better affidavit of documents.

The underlying action involves a motor vehicle accident where the plaintiff driver struck the defendant pedestrian and claims damages for exacerbation of pre-existing PTSD.

The court ordered the plaintiff to produce various medical and counselling records, his ODSP application, and to answer questions regarding contributory negligence, but protected certain session notes due to privacy concerns.

The plaintiff was ordered to bear the initial costs of obtaining third-party productions.

The defendants made an offer to settle which the plaintiff accepted 11 months later, shortly before trial.

The defendants brought a motion to determine whether costs were payable to the plaintiff up to the date of the offer or the date of acceptance.

The court held that costs were payable only up to the date the offer was made, as allowing costs up to the date of late acceptance would discourage early settlements and contradict the purpose of the Rules of Civil Procedure.