A. Meringolo

The Plaintiff sought costs at an interlocutory stage against the Defendant Thi Thu Lee (Le) following successful motions, including a Mareva injunction, reconveyance of properties, and payment of funds into court.

The Defendant argued costs should be deferred until the main issue of the Plaintiff's capacity was decided and that the amounts sought were excessive.

The court found the Plaintiff largely successful and entitled to costs on a partial indemnity basis, fixing them at $43,071.37.

However, the question of which defendant(s) should bear these costs was deferred for further submissions.

The Co-operators General Insurance Company brought a motion to compel the plaintiff, Annette Brooks, to attend a second independent medical examination with a physiatrist.

The plaintiff opposed, offering to withdraw her own physiatry report.

The court granted the motion, finding that the examination was warranted to ensure a fair determination of the nature and extent of the plaintiff's injuries, despite the plaintiff's offer and the late stage of litigation, as the plaintiff's physiatry report was relied upon by another expert and the proposed examination was not duplicative.