Cormier v. Daigle, 2017 NBQB 099
On May 7, 2015, the plaintiff, 62-year-old Winnifred Cormier, was involved in a motor vehicle accident in Moncton. She commenced an action against the defendant, Eric Daigle, for damages.
The parties conducted an Examination for Discovery of Ms. Cormier in October 2016. She agreed to respond to 21 undertakings for information and documents related to her injuries and claims. By April 2017, Ms. Cormier had fulfilled almost all of the undertakings and moved for an advance payment. Ms. Cormier claimed $14,905.92 for past loss of income and for dental treatments for her temporomandibular joint dysfunction (TMJ) and other dental issues.
The dental treatments included gum grafts, bone grafts, dental implants and fixed prostheses. The total cost would be $102,955.00. Ms. Cormier had $24,000.00 of Section B coverage remaining, however, so she needed only $78,955.00 from Mr. Daigle.
To succeed on her Motion for advance payment, Ms. Cormier was required to prove to the Court that she will more likely than not prove at trial that Mr. Daigle was liable for the damages in question. Mr. Daigle admitted liability for the motor vehicle accident, but denied Ms. Cormier’s allegations of damages.
Justice McNally dismissed Ms. Cormier’s claim for an advance payment of lost income. Ms. Cormier’s pre-accident employment was inconsistent and the judge found that her earnings had been small. However, Justice McNally granted Ms. Cormier’s claim for $78,955.00 for dental treatments. Mr. Daigle did not present any dental evidence to challenge Ms. Cormier’s treatment plan, and it was deemed an appropriate claim most likely to be made out at trial.