This decision illuminates several considerations for lawyers regarding the strategic use of Requests to Admit (RTA). Firstly, the court indicates that RTAs should be employed judiciously, adding significant value to the case without being overly repetitive and should aim to clarify the issues at dispute throughout the various stages of the litigation. Secondly, the court notes that if response deadlines for RTAs are missed, one must successfully plead inadvertence to withdraw the admission, according to Rule 51.05 . The court also reaffirms the criteria for withdrawing admissions under this rule.
Yatar v. TD Insurance Meloche Monnex, 2024 SCC 8
This case stemmed from a motor vehicle collision in 2010. Three denial letters with respect to Income Replacement Benefits (IRBs) and housekeeping benefits were sent to the insured throughout 2011 but no dispute resolution forms were attached to the last two denials. As part of the FSCO process, the insured applied for mediation which concluded by January 2014 giving the insured an extension of 90 days following the mediator’s report.
Brain Injury Awareness Month
In Canada, June is Brain Injury Awareness Month, a time dedicated to increasing public understanding of brain injuries, their impacts and the importance of prevention and support. This awareness initiative is crucial for shining a spotlight on the challenges faced by the over 1.5 million Canadians with brain injury, their caregivers and their families.
Van Belois v. Bartholomew, 2023 ONSC 5799 (CanLII)
The plaintiff successfully resisted a motion to compel her to attend a further defence medical examination after the deadline to serve expert reports had passed.
Moustakis v. Agbuya, voir dire heard October 17, 2023 in the Ont SCJ
This was a voir dire heard by The Honourable Madam Justice L. Merritt. It involves a challenge by the plaintiff to one of the defence experts. Counsel for the defendants asked Merritt J. to qualify Dr. Michael Ford as an orthopaedic surgeon with experience in chronic pain and somatic symptom disorder; and the diagnosis, prognosis, causation and impairments relating to functionality and impairment. Counsel for the plaintiff opposed and asked the Court to exercise its jurisdiction as a gatekeeper and exclude Dr. Ford’s evidence, arguing that the cost of admitting his evidence outweighs its probative value.
May is Mental Health Awareness Month
OTLA takes pride in representing victims of negligence in Ontario. When advocating for our clients, we ensure that the mental health component of their claims is not overlooked. Often long after the physical impact of an accident or negligence heals, the psychological effects continue and can be profoundly life-changing – not only for the victims themselves as they journey on the road to recovery, but for their families as well. Through regular CLE programs, OTLA offers education to its membership on how to understand and communicate their clients’ psychological experiences, and how to access and quantify the needed support and treatment that they require as a result.