D. Fiorita

Following a motion where the defendant ProBuilt was permitted to withdraw an admission and amend its pleadings regarding the manufacturer of a wobblelight, the parties made submissions on costs.

The responding parties sought substantial indemnity costs and significant 'reset' costs due to the late amendment.

The court found that while the responding parties were successful in opposing the amendment under Rule 26.01, ProBuilt was granted an indulgence under Rule 51.05.

Balancing the mixed success, the delay, and the reasonable reset costs required, the court ordered ProBuilt to pay $20,000 in partial indemnity costs to each of the three responding parties.

The defendant, ProBuilt Lighting, brought a motion to withdraw an admission in its Statement of Defence that it manufactured a 'wobblelight' alleged to have caused a fire at a hospital.

The defendant discovered during discoveries that it did not exist at the time the light was manufactured.

The court granted the motion, finding that the admission was based on incomplete and erroneous information, there was a triable issue regarding the manufacturer, and the plaintiffs would not suffer prejudice that could not be compensated by costs.

In a motor vehicle personal injury action, the plaintiff’s underinsured insurer brought a motion compelling production of documents from the tortfeasor’s insurer, which had denied coverage based on lack of consent and alleged material misrepresentation.

The moving insurer sought underwriting materials, broker records, correspondence, and policy documentation relevant to whether the tortfeasor’s policy limits were properly reduced by operation of law.

The court held that the plaintiff and the underinsured insurer were entitled to disclosure necessary to test the tortfeasor insurer’s off‑coverage position.

Relying on appellate authority requiring proof that policy limits are reduced by operation of law, the court ordered production of specified documents from the insurer notwithstanding its status as a statutory third party.