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The court awarded partial indemnity costs to the defendants for a pleadings motion due to divided success and the plaintiff's unreasonable conduct.
This costs endorsement addresses the allocation and scale of costs following a motion by the plaintiff, Paula Boutis, to amend her statement of claim.
The court found divided success among the parties and considered the conduct of both sides, ultimately awarding costs to the defendants on a partial indemnity basis for the motion and on a substantial indemnity basis for consequential steps.
The court also clarified the scope of further discovery and emphasized the importance of following judicial directions regarding submissions.
The court upheld a conviction for turning not in safety, finding the appellant failed to exercise due diligence before making a left turn.
An appeal of a conviction for "Turn not in safety" contrary to section 142(1) of the Highway Traffic Act.
The appellant was charged after her vehicle was struck by a motorcycle while she was making a left turn.
The trial justice found the appellant guilty of the strict liability offence, finding that although the appellant took some precautions (signaling, checking mirrors), she failed to ensure the turn could be made safely.
The appeal court upheld the conviction, finding ample evidence to support the trial justice's conclusion that the motorcycle was visible to be seen had the appellant taken reasonable steps, and that the last look she took was while already into her turn.
