Hezaveh v. Sajanlal

Judge upholds Master’s decision not to order production of settlement release related to prior motor vehicle accident litigation.

Heard August 28, 2015 | Reasons for Judgment [OTLA Document Bank]

In this appeal of a Master’s order, the defendant sought an order overturning the original motion decision.  The Defendant lost their motion for an order that the plaintiff produce a complete copy of a full and final release related to a prior MVA settlement.  The prior accident, occurred in 2007 and was settled in 2015. The motor vehicle accident at issue in this litigation occurred in 2009.

Master Hawkins’ position was that the request fell under the umbrella of settlement privilege. Master Hawkins referred to Schleyer and Bugnet, a case on point which set out the legal test on a motion for settlement particulars. Justice Wright agreed with Master Hawkins but further satisfied herself by applying the legal test to the facts.  The first step was to determine if the documents are relevant, and she determined that the documents being sought were neither relevant or necessary.  The two accidents took place 20 months apart and the plaintiff was in a much different position medically and professionally at the time of the 2009 accident than she was in 2007 and given the principle of taking the victim as you find them, Wright J. failed to see a connection linking the two incidents.

Read the Reasons for Judgment in the OTLA Document Bank
Jan Marin
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Jan received her Bachelor of Arts (Honors) in Development Studies from Huron University College at the University of Western Ontario in 2005 and her J.D. from Western's Law School in 2009. While attending law school, Jan volunteered with the school's Community Legal Clinic and Pro-Bono Students Canada. She also participated in an international exchange program at ESADE in Barcelona where she studied both International and European Union law.

Before joining Gluckstein Personal Injury Lawyers, Jan completed her articles at a prominent personal injury firm. She was called to the bar in June 2010.

Jan's personal injury practice is focused on motor vehicle collisions, occupier's liability, product liability and medical malpractice.

When not practicing law, Jan enjoys travelling, playing soccer and volleyball.