The Lawyers

http://canlii.ca/t/fv116

5.      For the purposes of this motion, the parties value the plaintiff’s claim, if successful on the issue of liability, as being somewhere between $240,000.00 and $400,000.00.  This is not a large claim relative to many other Superior Court actions, but it is, for example, a claim for an amount well above the threshold for simplified procedure (by a factor of least 2.5). In my view, this is a significant amount of money, especially to an individual plaintiff such as Mr. Edwards, as opposed to a similar claim by a corporate or institutional plaintiff. I am also of the view that this action is somewhat more complex than the average Superior Court action. The issues of fact and law that must be determined cover both the underlying accident benefits action and the negligence claim against Mr. McCarthy. Both liability and damages are in issue. There are voluminous productions from both sides, including many pages of medical records. The action is further complicated by the fact of a pre-existing condition from which the plaintiff was suffering at the time of the motor vehicle accident. In my view, all of these factors lead to the conclusion that this is an appropriate case for additional oral discovery.