Court strikes Plaintiff’s Statement of Claim alleging bad faith and punitive damages by her insurer in the administration of her statutory accident benefits. The License Appeal Tribunal has exclusive jurisdiction at first instance.

Following a jury Trial in which the Plaintiff recovered $68,250 in damages, Justice Salmers ruled on the quantum of costs and disbursements to be paid by the Defendant.  Specifically, the Court commented on whether the Plaintiffs’ disbursement in purchasing adverse costs insurance ought to be payable by the Defendant.

Superior Court rules Plaintiff will not be compelled to attend neuropsychological assessment by defence as a result of the Plaintiff’s impairments and inability to complete the assessment.

Insurers cannot delay scheduling mediations until the completion of a specific event in the litigation process, such as examinations for discovery.

The limitation period does not begin to run when the Office of the Public Guardian and Trustee becomes a mentally incapable person’s statutory guardian of property. The limitation period begins to run when the guardian of property has determined that there is a basis for exercising their authority as litigation guardian and thereby becomes the mentally incapable person’s litigation guardian.

This case addresses whether the abuse of process doctrine prevents the appellant from leading evidence in subsequent arbitration, subject to a previous finding of fact by another court; enlivening the principle of ‘evidence to the contrary’.