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ARTICLE · 17 OCTOBER 2023

Court Cracking Down On Non-compliance With Rule 53: Mohamud v. Juskey, 2023 ONSC 4414

McLeish Orlando LLP
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This decision arises from a 2019 motor vehicle collision in which the plaintiff alleged that the defendant lost control of his vehicle and crossed over the centre line, colliding with the plaintiff's vehicle.

CanadaLitigation, Mediation & Arbitration
Brandon Pedersen
Brandon Pedersen
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This decision arises from a 2019 motor vehicle collision in which the plaintiff alleged that the defendant lost control of his vehicle and crossed over the centre line, colliding with the plaintiff's vehicle. The plaintiff alleged that she suffered injuries including a concussion, whiplash, other soft tissue injuries, chronic pain, and psychological injuries including depression.

The action was set down for trial in November 2021 with a pre-trial conference held in March 2023 and trial scheduled for the November 2023 sittings.

In preparation for trial, the plaintiff obtained and served three experts' reports – from a physiatrist, occupational therapist, and an accountant. The defendants brought a motion under section 105 of the Courts of Justice Act and Rule 33 of the Rules to compel the plaintiff to attend two assessments, one with an orthopedic surgeon, and the other an occupational therapist.

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