Avril Ping-Wah Allen

The plaintiff successfully defended two summary judgment motions brought by the defendants, The City of Mississauga and Peel Condominium Corporation #89.

The plaintiff sought costs on a partial indemnity basis.

The defendants argued against the costs, citing a last-minute change in the plaintiff's discovery evidence and excessive hours billed by plaintiff's counsel.

The court found the plaintiff fully successful and entitled to costs, dismissing the defendants' arguments regarding the plaintiff's testimony.

While acknowledging the complexity, the court found the total hours billed by two counsel to be excessive.

The court fixed costs at $8,000 all-inclusive against each defendant, applying Rule 57.01(1) and principles of fairness and reasonableness in costs awards.

The defendants, the City of Mississauga and Peel Condominium Corporation #89 (PCC89), brought motions for summary judgment to dismiss the plaintiff's action for injuries sustained in a trip and fall on a municipal boulevard.

The City argued the boulevard was in reasonable repair or that it lacked knowledge of the non-repair and took reasonable steps.

PCC89 argued it was not an occupier of the municipal property and had no liability.

The plaintiff contended both defendants owed a duty of care and that genuine issues for trial existed regarding the hole's size, the defendants' occupier status, and the reasonableness of their inspection policies.

The court dismissed both summary judgment motions, finding that there were genuine issues requiring a trial, including the actual size of the hole, the extent of PCC89's maintenance and control over the boulevard, and the reasonableness of the City's inspection policy.