2 total
Leave to issue third party claim denied due to expired limitation period and prejudice to plaintiffs.
The defendants in a slip and fall action moved for leave to issue a third party claim against a snow removal contractor.
The motion was brought after the expiry of the limitation period for third party claims.
The court dismissed the motion, finding that the defendants were the authors of their own misfortune for the delay.
The court held that the prejudice to the plaintiffs, including the potential for further delay, additional examinations, and the erosion of witness memories, significantly outweighed the interest in avoiding multiple proceedings.
Court reduces excessive hours and awards reduced post‑trial costs.
Following a jury trial in a personal injury action, the court addressed a post‑trial issue concerning the deductibility of disability insurance benefits received by the plaintiff.
The court determined that the jury had already effectively accounted for the benefits in its award and noted that the insurance had been privately purchased by the self‑employed plaintiff rather than provided through employment.
As a result, the plaintiffs were deemed successful and entitled to costs.
Upon reviewing the plaintiffs’ Bill of Costs, the court found the claimed hours excessive and reduced the recoverable legal fees while allowing disbursements and HST.
Costs were awarded in a reduced amount.
