Event and Time
Event Description
On 14 March 2024, a jury returned a verdict in favor of Ms. Parker following a 12-day trial. Subsequent to this verdict, the parties reached an agreement regarding the amount for judgment after accounting for various factors, including contributory negligence and damages reductions as per relevant legislation.
Application and Claims
Two key issues remain unresolved post-verdict: 1. Allocation of costs for the trial's adjournment in November 2024. 2. Determination of the allowance for preparation and special conferences.
November Adjournment
- The trial was set for 13 November 2023 but faced delays due to unavailability of the jury panel.
- The plaintiff indicated the necessity to discuss discovery issues as new documents relevant to the case emerged, particularly changes to the definition of bariatric patients in the defendant's policy.
Plaintiff's Position
- The late disclosure of documents impacted the trial readiness and required reassessment of case strategy.
- An adjournment was sought to explore further documents that could be critical to the case.
Defendant's Position
- The defendant resisted the adjournment, claiming comprehensive document discovery had already been provided.
- They requested an opportunity to submit additional affidavits, refuting allegations regarding the adequacy of their discovery efforts.
Judicial Decisions
On 15 November 2023, the court ordered the defendant to disclose further classes of documents and granted the plaintiff’s adjournment application, reserving costs for this application.
Dispute Points and Legal Basis
Dispute Points
- Plaintiff’s Claims: