Brandyn Di Domenico

This costs endorsement follows the dismissal of a motion by the plaintiffs to abridge the time for service of an expert report regarding the standard of care by a hospital.

The court considered the factors under Rule 57.01 of the Rules of Civil Procedure and s. 131 of the Courts of Justice Act, as well as the principles in Boucher v. Public Accountants Council for the Province of Ontario.

The court found that a fair and reasonable award of costs for the motion was $7,500, to be paid by the plaintiffs to the defendant, Grand River Hospital.

The plaintiffs moved for an order abridging the time for service of an expert report regarding the standard of care by a hospital.

The court dismissed the motion, finding no reasonable explanation for the late service of the plaintiff’s expert report and emphasizing the importance of timely service of expert reports under the Rules of Civil Procedure.

The matter was removed from the January 2025 trial sittings and directed to Trial Scheduling Court.

The Ontario Trial Lawyers Association (OTLA) brought a motion for leave to intervene as a friend of the court in an appeal concerning the appropriate prejudgment interest (PJI) rate for non-pecuniary damages in a medical malpractice case.

The plaintiffs consented, while the defendant, Dr. Zaitlen, opposed.

The court granted OTLA leave to intervene on the issue of the analytical framework and evidentiary threshold for departing from the statutory PJI rate, but denied leave to make submissions on adequate notice, as it would improperly expand the scope of the appeal.

This decision addresses a request by the respondent (defendant in the original action) to limit the scope of a new trial on liability and damages, which had been ordered by the Court of Appeal in a prior decision.

The court dismissed the request, emphasizing that the evidence and issues were complex, interrelated, and interdependent.

Limiting the trial to specific issues would risk artificial credibility assessments and unreliable fact-finding.