A. Wilkinson

The plaintiff brought a motion to amend her Statement of Claim to add a winter maintenance contractor as a defendant to her slip and fall action against the municipality.

The motion was brought after the expiry of the presumptive two-year limitation period.

The court found that the presence of snow and ice on the municipal sidewalk was a trigger that should have prompted the plaintiff to inquire about a maintenance contractor.

Because the plaintiff failed to make any such inquiries, she did not exercise reasonable diligence, and the claim against the contractor was statute-barred.

The motion was dismissed.

The plaintiffs commenced an action for injuries sustained during an assault at a concert.

The defendant Inneractive was added to the action based on information from co-defendants, but it was later determined Inneractive was not providing security on the date of the incident.

Inneractive brought a motion for summary judgment and costs after the plaintiffs circulated a consent dismissal that went unanswered.

The court granted the dismissal but reduced Inneractive's claimed costs because the motion was premature.

The court ordered the plaintiffs and the co-defendants to share Inneractive's costs equally due to the co-defendants' delay in clarifying the security arrangements.

The court also granted the plaintiffs' motion to schedule discoveries and awarded the plaintiffs costs for that motion.

The plaintiff moved for an order to restore their 2009 motor vehicle accident action to the trial list, which had been administratively struck off on July 25, 2014, due to the plaintiff's firm's failure to schedule pre-trial and trial dates.

The defendants opposed the restoration, citing delay.

The court, considering recent amendments to the Rules of Civil Procedure (Rule 48.14) and Court of Appeal guidance (Carioca's), found that the plaintiff provided an acceptable explanation for the delay and that the defendants failed to demonstrate non-compensable prejudice.

The motion was granted, restoring the action to the trial list, with costs of the motion fixed at $3000 to be in the cause.