The Plaintiff was injured in a motor vehicle accident. He produced several medical reports which indicated that he sustained head and neck injuries as a result of the accident. At the pre-trial, despite not yet conducting a medical examination of the Plaintiff, the Defendants took the position that there was “zero chance” of financial liability because the medical report that they would obtain would demonstrate no injuries attributable to the accident. Justice Koehnen found it disturbing that the Defendants had such certainty about the outcome of an independent medical examination that had not yet been commissioned. Justice Koehnen also criticized the Defendants for rendering the pre-trial “a waste of time” by relying on a medical report that had not yet been prepared, but insisting that there was no possibility of liability. As such, costs of the pre-trial were awarded against the Defendants.
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