Ewing (Litigation guardian of) v. Conte
This is an important decision involving an injured person’s ability to access justice without delay.
It involves a woman who suffered a catastrophic brain injury when she was hit by a motor vehicle as a pedestrian. The collision happened in Toronto. The case was commenced in Barrie, where trial dates are readily available. The defence brought a motion to transfer the trial to Toronto. The Toronto system is backlogged and a transfer to Toronto would have meant that the trial would be delayed for three years. Justice Vallee found that such a delay would be “shameful” in a case involving a seriously injured plaintiff and dismissed the defence motion.
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