What is the test for a motion for direction in a personal injury matter?

Ontario, Canada


The following excerpt is from DiBase v. Stanpoulis, 2021 ONSC 3781 (CanLII):

The moving parties rely on rule 75.06 which deals with motions for direction. Rule 75.06(3) gives the court a broad discretion in estate matters to establish such procedures as are just. In Seepa v. Seepa, 2017 ONSC 5368, in discussing rule 75.06(3), Myers J. stated, in part, at para. 49: The court should be very reluctant to consign estates and beneficiaries to intrusive, expansive, expensive, slow, standard form fishing expeditions that do not seem to be planned to achieve the goals of civil justice for the parties. But processes that show some thought to customize a process to the evidence so as to promote efficiency, affordability, and especially proportionality, with the use of a scalpel rather than a mallet, use of summary proceedings where possible, use of case management, mediation, and similar efforts to minimize the expense, delay, distress, and the overwhelming disruption caused by the process itself, are to be greatly encouraged.

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