Jessica Nykilchuk (Plaintiff) was injured in a motor vehicle accident on December 3, 2014.
Plaintiff alleges permanent physical and psychological injuries.
The case involves multiple delays in scheduling medical examinations and serving expert reports by the defendants, 2244301 Ontario Inc., 1067277 Ontario Inc., and Daniel Moore.
A five-week jury trial is set for January 2025.
Motion:
Defendants' Request: An order compelling the plaintiff to attend medical examinations with a physiatrist and neuropsychologist, and an extension of time to serve the resulting expert reports.
Plaintiff's Opposition: The plaintiff opposed this motion, citing the defendants’ failure to meet deadlines and comply with procedural rules.
Court's Decision:
Denied: The motion to compel medical examinations and extend the expert report deadline was denied.
Reasoning:
Defendants failed to provide a reasonable explanation for the delay in scheduling the examinations and serving reports.
The Rules of Civil Procedure clearly require expert reports to be served in a timely manner.
The defendants' inaction over an extended period did not justify late compliance.
Costs: The plaintiff was awarded $8,500 in costs, payable by the defendants.
