Alex Szalkai

This decision addresses costs following summary judgment motions in two consolidated actions stemming from a fatal boating accident.

The court had previously found the individual defendants (Comrie and Monteiro Estates) liable for the accident, while dismissing claims against the government defendants (Canada, Ontario, and Leamington).

The court awarded partial indemnity costs to the successful plaintiffs (Algra and Feltham) against the individual defendants.

Crucially, the court also granted a Sanderson order, directing the individual defendants (Comrie and Monteiro Estates) to jointly and severally pay the costs of the successful government defendants.

The court found it reasonable for the plaintiffs to have sued multiple defendants given the complex facts, lack of eyewitnesses, and the individual defendants' attempts to shift blame to the government entities.

The plaintiffs brought negligence actions following a fatal nighttime boating accident where a pleasure craft struck a breakwater, resulting in three deaths and two serious injuries.

The plaintiffs sued the estates of the vessel's operator and owner, as well as the federal, provincial, and municipal governments.

On summary judgment motions for liability, the court found the operator and the owner/master jointly and severally liable, apportioning fault equally at 50 percent each, due to their failure to keep a proper lookout, travelling at an unsafe speed, and the operator's impairment.

The actions against the government defendants were dismissed, as the court found that the existing navigation lights were visible and any alleged failures regarding the breakwater's illumination or background lighting did not cause or contribute to the collision.

The plaintiffs brought a successful motion for leave to file a late expert report and affidavit.

The court determined the costs of that motion.

Finding that the relief granted to the plaintiffs was an indulgence to ensure trial fairness, and noting the unreasonable delay by plaintiffs' counsel in delivering the report, the court ordered the plaintiffs to pay the defendants' costs of the motion.

The defendants were awarded a total of $18,000 in costs.

The plaintiffs contracted HIV from the defendant after he had unprotected sex with them without disclosing his status.

The plaintiffs sued the Windsor Health Unit and the Windsor Police for negligence, alleging they knew of the risk the defendant posed but failed to take steps to prevent it.

The health unit and police moved for summary judgment to dismiss the action, arguing they owed no private law duty of care to the plaintiffs.

The court dismissed the motions, finding that the issue of whether a duty of care existed was complex and required a full trial to determine proximity and policy considerations.