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Decisions matching the current search
The court adjourned a plaintiff’s DEER and expert-evidence application, finding the record lacked enough admissible evidence, while admitting the father’s affidavit in part.
The court dismissed a DEER application to exclude disbursements from the 6% cap, finding the plaintiff had not shown undue hardship despite proving timing, risk, and necessity.
The court refused to suspend s. 5 of DEER pending a Charter challenge, finding no fair s. 7 issue, only a limited s. 15 issue, and no irreparable harm.
The court allowed a vehicle-injury plaintiff to exclude physiatry and psychiatry disbursements, accepted counsel affidavits, and denied exclusion of application-related costs.
Court granted in part an application to exclude vehicle-injury disbursements from the 6% cap, allowing expert and trial binder costs but refusing economist and some other costs.
Application under the Disbursements and Expert Evidence Regulation partly granted: mediation and application disbursements were excluded, but FCE and economist reports were not.
The court dismissed a pre-trial application to exclude expert disbursements under s. 5(6) of the Regulation because the plaintiff lacked evidence of anticipated costs and the 6% cap risk.
The court partially granted a pre-trial application to exclude expert disbursements from the vehicle-injury cap, allowing psychiatry and related application costs, but not an occupational therapy FCE.
The court denied a plaintiff’s request to exclude a psychiatric assessment from the disbursements cap, but allowed any rebuttal physiatry report to be excluded.
The plaintiff sought pre-approval to exclude expert-report disbursements from the 6% cap. The court granted the application, including anticipated rebuttal reports.
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