David Tomovski

This endorsement addresses the costs of two unsuccessful summary judgment motions brought by the Allan Star defendants and Ms. Samuel, which were dismissed due to genuine issues for trial regarding the plaintiff's credibility.

The plaintiffs sought $75,000 in partial indemnity costs, while the defendants proposed $30,000.

The court awarded the plaintiffs $55,000 in partial indemnity costs, payable two-thirds by the Allan Star defendants and one-third by Ms. Samuel.

The decision considered factors under Rule 57.01, including the result, stakes, complexity, parties' conduct, and the reasonable expectations of costs, noting that the defendants' own costs outlines were an objective indicator of what they could expect to pay.

The plaintiffs, George MacPherson and his minor daughter Sierra, brought an action for damages after George MacPherson suffered a serious back injury falling from a roof.

The defendants, including the homeowner (Samuel) and roofing contractors (Allan Star Roofing Ltd. and Ebrahim Khezri), moved for summary judgment to dismiss the claims against them.

The court dismissed both summary judgment motions, finding that genuine issues requiring a trial existed, particularly concerning witness credibility regarding the provision of safety equipment and knowledge of unsafe conditions.

The court emphasized that it was not in the interest of justice to grant partial summary judgment due to the risk of duplicative proceedings and inconsistent factual findings, especially given the presence of a jury notice.