William Jesseau

The defendant brought a motion under section 140 of the Courts of Justice Act to restrict the self-represented plaintiff from initiating or pursuing further interlocutory proceedings in a motor vehicle accident action commenced in 2012.

The court found the plaintiff had engaged in vexatious conduct through persistent unsuccessful appeals of interlocutory orders concerning irrelevant demands for an interpreter's personal information, blind-copying numerous unrelated persons on litigation correspondence, and flooding defence counsel's inbox with repetitive emails.

The motion was granted, ordering that the plaintiff shall not institute any new motions or appeals in the action except by leave of a judge of the Superior Court.

No costs were ordered given the plaintiff's receipt of social assistance.

The plaintiff brought a motion to strike the defendant's jury notice in a motor vehicle accident action due to the suspension of civil jury trials during the COVID-19 pandemic.

The court found that the anticipated lengthy delay in scheduling a jury trial would cause significant prejudice to the plaintiff, including financial hardship and the cost of updating expert reports.

The court provisionally struck the jury notice, ordering that it be automatically reinstated if juries are being empanelled when the matter is called to trial.

Following a two-week jury trial for damages arising from a motor vehicle collision, the jury awarded the plaintiff $15,000 in general damages for a minor soft tissue strain.

The trial judge was required to determine whether the plaintiff met the statutory threshold under s. 267.5(5) of the Insurance Act.

The court found that while the plaintiff suffered a permanent impairment from a soft tissue injury to his left shoulder, the impairment was neither 'serious' nor 'important' as it did not substantially interfere with his employment or usual activities of daily living.

The plaintiff's claim for general damages was therefore dismissed.