The plaintiff sued in relation to a disability benefits policy issued by RBC. In addition to suing RBC, he sued the two adjusters who administered his claim. The adjusters brought a motion to strike. RBC brought a motion that the plaintiff be examined before RBCs representative. Justice Perell granted the both motions. Regarding RBCs motion, he held that RBC was first to serve a Notice of Examination and sworn Affidavit of Documents, and that there was no reason to deviate from the Rules in granting RBC the first right of discovery. Regarding the motion to strike the claims against the adjusters, Justice Perell confirmed that personal liability is not engaged solely because a corporation acts through human agency. To properly plead a case of personal liability, the plaintiff must specifically plead a cause of action against the individual. Justice Perell held that it was plain and obvious that the plaintiff had not pleaded viable causes of action against the individually named adjusters.
