David Trafford

The moving parties sought leave to appeal two orders: one dismissing their recusal motion against the Case Management Judge and awarding costs on a full indemnity scale, and another for costs of $32,681.83 for the unsuccessful recusal motion.

The court refused leave to appeal the recusal decision, noting no conflicting decisions and that the Court of Appeal had already confirmed the bias claim was unfounded.

The court also refused leave to appeal the costs order, finding no error in principle or that the award was plainly wrong, as the recusal motion was ill-conceived and unsubstantiated.

The motion for leave to appeal was dismissed in its entirety with costs of $5000.

The defendants brought a motion requesting the case management judge recuse herself, alleging bias, duplicity of proceedings, and involvement in criminal activity.

The moving party failed to attend the hearing of their own motion.

The court found the allegations to be completely unsubstantiated, specious, and devoid of merit, noting that a judge's previous unfavourable ruling is not grounds for recusal.

The motion was dismissed, and costs were awarded to the responding party on a full indemnity scale due to the moving party's objectionable conduct.

The plaintiffs brought an action for damages arising from a slip and fall in the stairwell of the defendant's apartment building.

Both plaintiffs died before trial.

The plaintiffs' estate sought to rely on the deceased plaintiff's examination for discovery transcript, which stated the stairs were wet.

The court admitted the transcript but found it was outweighed by the direct, credible evidence of the defendant's representatives who inspected the stairs shortly after the fall and found them clean and dry.

The action was dismissed as the plaintiffs failed to meet their burden of proof.