The plaintiff moved for leave to bring a motion to have four personal injury actions arising from two slip and falls and two later motor vehicle collisions tried together, and also sought to amend one action to increase the damages claim and move it from simplified procedure to ordinary procedure.
The court denied leave in relation to the oldest action that had already been set down for trial, holding that further delay would be grossly prejudicial and that no workable plan had been presented for bringing all actions to trial together.
The court also declined to include the later slip-and-fall action with the two motor vehicle actions because of delay, uncertainty about trial length, and incomplete trial readiness.
However, the court ordered on an unopposed basis that the two motor vehicle actions be tried together or one after the other as directed by the trial judge, and granted leave to amend the pleading in the later slip-and-fall action.
Costs of $2,500 inclusive were awarded to each opposing defendant.
