Tripta Sood

During a trial for damages and statutory accident benefits arising from a motor vehicle accident, the self-represented plaintiff sought to introduce a medical report for the truth of its contents without calling the authoring doctor to testify.

The defendants objected on the basis of hearsay and failure to comply with the Evidence Act and Rules of Civil Procedure.

The court ruled the report inadmissible, holding that without the opportunity for cross-examination, the hearsay content could not be admitted.

The court also provided guidance on best practices for self-represented litigants regarding expert evidence.

The plaintiffs brought a motion to extend the time to set the action down for trial to allow for further medical assessment of a child who suffered a brain injury after falling from a balcony.

The defendant landlord brought a cross-motion to bifurcate the trial into separate liability and damages phases, arguing that key liability witnesses were elderly and their memories would fade if the trial was delayed.

The court held that it had inherent jurisdiction to order bifurcation without consent, despite conflicting case law on Rule 6.1.01.

Finding this to be an exceptional case where bifurcation would save time and preserve evidence, the court granted both the extension of time and the bifurcation order.

The insurer brought a motion seeking an order requiring the plaintiff to undergo a capacity assessment under the Substitute Decisions Act and requesting that income replacement benefits be paid into court pending the assessment.

The plaintiff opposed the motion and sought direct payment of benefits.

The court considered the statutory presumption of capacity and the factors governing intrusive capacity assessments under s. 105 of the Courts of Justice Act.

Although medical reports documented chronic pain, depression, and psychological symptoms, the evidence did not establish a sufficient basis to believe the plaintiff lacked capacity.

The motion was dismissed and the insurer was ordered to resume payment of outstanding income replacement benefits.