We were recently successful on a motion to move an “unidentified motorist” action to simplified procedure where there was no corroborating evidence to support an OPCF-44R claim, thus limiting the maximum recovery to $200,000. 

In several recent cases on similar motions, insurers have argued that complex MVA trials cannot be heard in 5 days, even if the plaintiff is claiming less than $200,000.  The Co-operators took that position here. 

The Court disagreed, holding that except in prescribed circumstances, the Rules require that simplified procedure shall be used for claims less than $200,000.  There is no exception for cases that would be better suited to longer trials.   

This decision also provides welcome clarity on how the length of trial should be considered on a motion to move a matter to simplified procedure, in particular, paragraphs 31 – 33 state: 

[31]               Once an action is commenced in, or continued in, simplified procedure, the requirements of Rule 76 must be followed to keep the litigation proportionate to the amounts in dispute. It is the expectation that parties litigating in simplified procedure will be mindful of the principle of proportionality and work collaboratively with one another, or with the assistance of case management processes, to ensure the trial can be completed within the five-day limit.    

[32]               The plaintiff in this case acknowledges this reality and states that he is prepared to limit the number of witnesses that he calls such that the trial can be completed in less than five days. 

[33]               In my view, the estimated length of trial should not factor into whether a pleading amendment should be permitted, and an action continued in simplified procedure, unless it is related to consequential non-compensable prejudice. Parties litigating monetary disputes under $200,000 have an obligation to ensure that the court processes consumed are in balance with the amount in dispute. 

Once a claim is moved to simplified procedure, there can no longer be a jury, and the trial must be five days or less. 

The shortened trial and limited procedure available ensure that the plaintiffs with modest claims continue to have access to justice.  No one would bring modest lawsuits if the cost of going to trial would exceed the value of the dispute. 

Shorter trials also take place sooner, reducing the overall amount of time a file spends in the justice system. 

We are pleased to have secured this motion result for our client.