B. Rumble

Following a nine-day trial where the plaintiff's claim was dismissed, the successful defendants sought costs.

The defendants had made a valid Rule 49 offer to settle for $50,000, entitling them to partial indemnity costs up to the offer date and substantial indemnity costs thereafter.

However, due to significant deficiencies in the defendants' Bill of Costs, including a lack of itemized dockets and disbursement invoices, the court exercised its discretion under s. 131 of the Courts of Justice Act to fix costs at $120,000 all-inclusive.

The plaintiff brought an action for damages arising from a motor vehicle incident where he abruptly stopped to avoid downed guy wires caused by the defendants' snow plow.

The plaintiff claimed to have suffered electrocution and permanent, debilitating headaches.

The court found the plaintiff's evidence unreliable and uncorroborated, concluding he suffered only soft tissue injuries that resolved within two years.

The defendants' motion to dismiss the non-pecuniary claims for failing to meet the statutory threshold under the Insurance Act was granted.

The claims for past and future income loss were also dismissed as the plaintiff had been fully compensated by prior benefits.

The plaintiff brought a motion concerning the order of examinations for discovery in a personal injury action arising from a residential elevator failure.

The defendants argued they were entitled to examine the plaintiff first because they had served sworn affidavits of documents before the plaintiff.

The court held that the parties had, by their conduct and correspondence, agreed to a discovery plan under Rule 29.1.03 of the Rules of Civil Procedure that scheduled examinations of the defendants before the plaintiff.

Such agreement constituted “agreeing otherwise” within the meaning of Rule 31.04, superseding the default rule governing the order of discovery.

The court ordered that examinations proceed according to the discovery plan and also addressed ancillary document production issues.