Antonella Albano

Following the dismissal of the plaintiff's claim on a summary judgment motion, the successful defendants sought their costs.

The plaintiff agreed that the partial indemnity costs sought by two defendants were reasonable, but objected to the third defendant's request for full indemnity costs.

The court found no reason to award full indemnity costs as the plaintiff had done nothing improper, and awarded partial indemnity costs to all three defendants.

The defendant driver brought a motion for summary judgment to dismiss the plaintiff's personal injury action, supported by the co-defendants.

The plaintiff alleged she was injured in a rear-end collision while riding as a passenger in the defendant's ride-share vehicle.

Relying on GPS data, engineering reports, and inconsistencies in the plaintiff's medical history and statements, the court found the plaintiff's claim lacked credibility.

The court concluded on a balance of probabilities that the alleged accident never occurred and dismissed the action.

This endorsement addresses costs following the dismissal of a medical negligence claim.

The plaintiffs, who were unsuccessful at trial, argued against a costs award due to their elderly age, poor health, and lack of assets.

The defendants, Bolton Medical Imaging Centres and Dr. K. Schneider, sought partial indemnity costs.

The court affirmed the general rule that costs follow the event, finding no exceptional circumstances to depart from this principle.

While acknowledging the plaintiffs' right to pursue the action, the court held they must bear the adverse costs consequences.

The court fixed the defendants' costs on a partial indemnity basis, reducing the amounts claimed by both defendants due to excessive hours for certain steps, particularly for Dr. Schneider's counsel.