This motion considered the admissibility of a defendant ER physician’s standard of care report that was served mid-trial after a preliminary finding was made regarding the scope of the expert’s opinion in relation to his area of practice.
On June 7, 2012, at approximately 1:30 am the Plaintiff was injured in a motor vehicle accident. He was seated in the front passenger seat and was not wearing a seat belt.
Justice Spies for the Ontario Superior Court of Justice found that an insurer is required to pay the full cost of mediation when a plaintiff requests a mediation under s. 258.6(1) of the Insurance Act.
The appellant, who was self-represented, appealed a summary judgment motion dismissing her action against the defendants. The plaintiff’s action against the various defendants pertained to events that occurred over several days. With regard to the defendant hospital, Royal Victoria Regional Health Centre, the defendant was granted partial summary judgment.
This action proceeded as a judge-alone damage assessment. The impaired Defendant entered the intersection on a red light, striking the driver side of the Plaintiffs’ vehicle, containing 5 family members. The driver mother sustained lumbar fractures. The 5 month old son sustained fatal injuries.
The defendant successfully brought a motion for summary judgment on the basis of the limitation period in this action over a radial keratomy eye procedure resulting in vision problems.
