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’.

This is a helpful case about how to succeed on motions for default judgment in the context of personal injury actions.

The plaintiff brought a motion to have counsel for the defendant removed due to a potential conflict of interest. The plaintiff was a personal injury lawyer who had had discussions about his case with lawyers from an insurance defence firm. This insurance defence firm was subsequently hired by the defendant’s insurer in the plaintiff’s personal injury action. The plaintiff sought defence counsel’s removal from the action, owing to the aforementioned discussions.

Unidentified carrier added to claim Five Years Post-Accident.