[4] ….The only witness offered by the defendant was one overused expert who submitted a report in which he offered his opinion on matters outside the expertise of a physician together with an inaccurate curriculum vitae. The witness lost his temper during reasonable cross-examination and made a bad impression.
[6]….Mediation took place on November 14, but the defendant’s insurer stood firm. I infer that it took a six-day trial with all its attendant risk for the sake of $50,000. This is a litigation strategy that the defendant could well afford, but the plaintiff could not. I infer that the insurance company conducted itself this way in the hopes of intimidating the plaintiff and deterring other plaintiffs who have meritorious cases. It did not attempt to settle the action expeditiously as required by s.258.5 of the Insurance Act.