Alana M. Daley

Following the dismissal of the plaintiff's product liability action for failing to participate at trial, the successful defendant sought costs of $139,739.85 plus disbursements on a substantial indemnity basis.

The court rejected the request for substantial indemnity costs, finding that the defendant's offers to settle did not trigger Rule 49 consequences and the plaintiff's conduct did not warrant an elevated scale.

Noting that the defendant was represented by in-house counsel who did not docket time, and that the amount claimed was excessive with duplication of effort, the court fixed costs on a partial indemnity scale at $36,000 plus HST and $7,752.05 in disbursements.

The defendant brought a motion to dismiss the plaintiff's action after the plaintiff, who was self-represented, failed to call any evidence during a ten-day judge-alone trial.

The plaintiff had repeatedly refused to participate in the trial following the denial of his third motion to adjourn.

The court dismissed the action under Rule 52.01(2)(c) of the Rules of Civil Procedure, emphasizing the court's inherent jurisdiction to control its process and ensure fairness to all litigants, particularly when a party deliberately circumvents court orders and delays proceedings.

The self-represented plaintiff sought an adjournment of a fixed trial date in an action arising from alleged water damage caused by an appliance repair in 2013.

The plaintiff argued he needed more time to obtain the technician's employment file and conduct an examination under oath.

The court denied the adjournment, noting the age of the action, that full production had already been made, and that the plaintiff had ample time to prepare since filing a notice of intention to act in person.

The applicant was injured in a motor vehicle accident in Alberta and applied for statutory accident benefits in Ontario.

The respondent denied the application on the basis that the applicant was a resident of Alberta.

At a preliminary hearing, the Tribunal considered whether the applicant was a resident of Ontario under the Schedule.

Applying the holistic test for residency, the Tribunal found that the applicant maintained significant ties to Ontario, including a fiancé, friends, and a rented apartment, and that his stay in Alberta was temporary.

The Tribunal concluded the applicant was a resident of Ontario and an insured person entitled to seek benefits.

The applicant was injured in a motor vehicle accident and applied for statutory accident benefits, which were denied by the insurer.

The parties failed to resolve their disputes through mediation, and a Report of Mediator was issued.

The applicant filed an Application for Arbitration more than two years after the denials and more than 90 days after the Report of Mediator was issued.

The arbitrator found that the application was filed beyond the limitation periods set out in the Insurance Act and the Statutory Accident Benefits Schedule.

The application for arbitration was dismissed.

The applicant's legal representatives brought a motion to withdraw from the proceeding due to a breakdown in the relationship.

The applicant failed to attend two scheduled pre-hearings despite being notified that her attendance was mandatory and that failure to attend would result in a motion to dismiss her application.

The arbitrator granted the motion to withdraw, dismissed the application for arbitration due to the applicant's failure to participate, and awarded the insurer $500 in expenses.

The applicant's legal representative brought a motion to be removed from the record due to an inability to obtain instructions from the applicant.

The insurer brought a countermotion to dismiss the application for arbitration and sought expenses.

The arbitrator granted the motion to remove the legal representative from the record.

The arbitrator also dismissed the application for arbitration without a hearing under Rule 68 of the Dispute Resolution Practice Code, finding it frivolous, vexatious, or commenced in bad faith due to the applicant's failure to participate.

The insurer was awarded $500.00 in expenses.