Anthony Bedard

The defendants brought a preliminary motion to strike portions of an affidavit filed by the plaintiffs in support of an upcoming summary judgment motion regarding an insurance coverage dispute.

The defendants argued the subjective extrinsic evidence was irrelevant and would needlessly complicate the summary judgment hearing.

The court dismissed the motion, holding that under the expanded powers of Rule 20, issues of admissibility and relevancy are best left to the judge hearing the summary judgment motion to avoid bifurcating the process and wasting judicial resources.

The defendants sought costs following their successful motions to compel the plaintiff to provide particulars of damages and to quash a summons to a witness.

The court found that the plaintiff's conduct, which included unfounded allegations of bad faith, a last-minute recusal motion without notice, and unreasonable delay tactics, warranted an elevated costs award.

The court fixed the total costs payable by the plaintiff to the defendants at approximately $45,000.