Court of Appeal closes the door on independent bad faith claims arising from an insurer’s conduct in handling a claim for accident benefits.

Defendant physician brought a motion post-trial to withdraw an admission made in response to the Plaintiff’s Request to Admit when it became apparent at trial that it was inconsistent with her expert’s opinion.

The defendant admits prescription error but denies that Toradol received by plaintiff caused an ulcer, repeat intestinal bleeding and chronic pain. There is no other change in the plaintiff’s life to explain sudden decline. By causal inference, judge finds defendant caused injury to plaintiff.

A plaintiff must have knowledge beyond “mere suspicion” for a limitation period to commence, and in some cases, additional medical information is required for the plaintiff to have the requisite knowledge to discover his or her claim for an alleged medical complication.

Court rules where expert report served during discovery process, lawyers’ letter of instruction to expert is protected by litigation privilege and not producible at discovery stage so long as instructions from counsel is included in the report itself.

This cost endorsement follows the settlement of a personal injury action ten days before the start of a scheduled three week trial. The parties agreed on the Plaintiffs’ damages of $75,000 and that the issue of costs and disbursements would be assessed by the Court.