William Joseph Jesseau

The respondent moved to quash the appellant's appeal from an interlocutory order of the Superior Court of Justice, arguing lack of jurisdiction.

The appellant had previously refused to attend a defence medical examination, leading to a Superior Court order dismissing his appeal from a Master's order and requiring his attendance.

The Court of Appeal found that Justice O'Brien's order was interlocutory, meaning the Court of Appeal lacked jurisdiction to hear the appeal.

The motion to quash was granted, without prejudice to the appellant seeking an extension of time and leave to appeal to the Divisional Court.

This endorsement addresses costs thrown away following the adjournment of a trial due to the plaintiff's unforeseen hospitalization for mental health reasons.

The court found the plaintiff's inability to attend was unforeseen and unforeseeable, and it was the first adjournment in the matter.

Submissions were made regarding costs thrown away, but the court decided to leave the determination of costs to the presiding judge at the eventual trial.

The defendant moved for an order requiring the plaintiff to attend a neuropsychological defence medical examination in a motor vehicle accident action.

The plaintiff argued that the defendant required leave under Rule 48.04(1) of the Rules of Civil Procedure because the matter had already been certified for trial.

The court granted leave, finding that defence counsel’s mistaken understanding regarding the plaintiff’s willingness to attend the examination constituted a substantial or unexpected change in circumstances.

Applying the principles governing additional defence medical examinations, the court held that the examination was necessary to allow the defence physiatrist to finalize his opinion regarding the cause of the plaintiff’s cognitive impairments, particularly in light of a prior head injury and the plaintiff’s expert report.

The motion was granted and the plaintiff was ordered to attend the examination.