NB appeal court infers calling expert would have jeopardized malingering theory in injury case

The New Brunswick Court of Appeal found error in the judge’s failure to infer that an insurer did not call a material witness to give testimony because it would have negatively impacted its malingering theory in a vehicular injury case.

In Mattson v. TD General Insurance Company, 2025 NBCA 114, the appellant had a motor vehicle liability policy with TD General Insurance Company. On Aug. 5, 2016, at an intersection, a truck drove through a stop sign at a somewhat high speed and violently collided with her vehicle.

The accident caused bruises to the appellant’s upper body, soft tissue injuries to her neck and back, a blow to her head, unconsciousness for at least two minutes, and amnesia relating to the accident’s circumstances.

The appellant’s treating medical professionals, including