D. Inkpen

Following the dismissal of the plaintiff's motion to restore the action to the trial list due to inordinate delay, the parties made written submissions on costs.

The defendant sought full indemnity costs of $7,122.96, arguing the nature of the plaintiff's claims warranted elevated costs.

The court declined to award full indemnity costs, noting the action had not been dismissed and the plaintiff's behavior did not warrant sanction.

The court awarded the defendant partial indemnity costs fixed at $3,576.45, finding this amount fair and reasonable.

The plaintiff brought a motion to restore his motor vehicle accident claim to the trial list after it was struck due to multiple adjournments.

The plaintiff argued the delay was intentional to allow for a catastrophic impairment assessment and to join related actions.

The court found the plaintiff failed to provide an acceptable explanation for the delay, noting he had not even applied for the catastrophic impairment designation.

Furthermore, the court found the defendant would suffer actual, non-compensable prejudice because two key medical witnesses could no longer be located.

The motion to restore the action to the trial list was dismissed.