David Hollingsworth

The moving parties sought approval in writing of a settlement for an adult under disability, together with approval of a fee structure agreement and solicitor-client account.

The court held it could not grant the requested relief because the motion record was procedurally deficient, excessively long, improperly organized, and non-compliant with local guidance for court approval motions.

The endorsement criticized the inclusion of unnecessary and duplicative exhibits, inadequate grounds in the notice of motion, and failures to explain the relevance of cited rules.

The motion was adjourned, a fresh record was required, and the parties were directed to choose among a revised written motion, an oral hearing, or a case conference.

The plaintiffs in two related civil actions arising from a fatal motor vehicle accident following a police pursuit brought motions under Rule 30.10 for the production of the complete investigative file of the Special Investigations Unit (SIU), a non-party.

The SIU had produced parts of its file but opposed producing witness statements without consent and other administrative or derivative documents.

The court granted the motion in part, ordering the production of the civilian and police officer witness statements, finding them highly relevant to the issue of liability and that it would be unfair to require the plaintiffs to proceed to trial without them.

The court dismissed the motion regarding the balance of the file, as the plaintiffs failed to establish relevance.

The defendants brought a motion for summary judgment to dismiss the plaintiffs' claim for damages arising from a slip and fall in a hotel lobby.

The plaintiff slipped on a wet tile floor that had just been mopped behind him while he was checking in.

The court found that the hotel cleaner and desk clerk failed to verbally warn the plaintiff of the hazard, and the wet floor sign was placed behind him out of his sightline.

The court held that the defendants failed to meet their duty of care under the Occupiers' Liability Act and found them liable for the plaintiff's injuries.