Date: 2009-2-6. Docket: 23745/03. Lauwers J. | Link

In a personal injury case claiming loss of income, the plaintiff has not produced evidence of income levels before and after the accident. Defendant moved to dismiss the action. "There are different views that can be taken of the allegations made by the defendants in this case. The first is that Mr. Carleton has deliberately avoided his record-keeping obligations and refused to comply with the Rules of Civil Procedure regarding the preservation and production of appropriate business records. The second is that Mr. Carleton is simply unable to do so. The third explanation is a combination of the first two, in which Mr. Carleton's possibly real inability is being used strategically. Each of these possibilities would best be explored through the trial process." (para 26)