The Defendant brought a motion to compel the Plaintiff to undergo a neuropsychology medical-legal examination in Mississauga. The Plaintiff resided in Ottawa, and objected to the required travel to attend this examination.
In this case, the plaintiff brought a motion seeking an order to compel the defendant, Aviva Insurance Company of Canada (“Aviva”), to be examined first despite the fact that Aviva was the first party to serve a notice of examination.
Generally speaking, in Ontario, we have a ‘loser pays legal fees system’. This means that the unsuccessful party in a lawsuit can expect to be ordered to pay at least part of the successful side’s legal costs.
A recent decision of the Ontario Court of Appeal on the issue of whether or not the Plaintiff’s lawyers were entitled to a “charging order” over the Plaintiff’s damages and costs following a trial where the Plaintiff did not beat a rule 49 offer from the Defendants.
Throughout the course of the litigation, the Defendants did not make any offers to settle. There was not even an offer for a dismissal without costs.
Ontario motor vehicle accident legislation is a confusing area of personal injury law for many victims of a car accident. It is important for people to understand their available options for compensation through accident benefits and tort, and how these particular options interplay with each other.
