Divya Khurana

Following the dismissal of the plaintiff's slip and fall action, the successful defendant sought costs on a substantial indemnity basis, arguing the plaintiff acted unreasonably during mediation and pre-trials.

The court found that while the plaintiff's evidence involved exaggeration and his refusal to compromise was unreasonable, his behaviour did not rise to the level of reprehensible conduct required for elevated costs.

The court awarded the defendant partial indemnity costs in the amount of $139,821.66.

The plaintiff brought two negligence actions: one against the Toronto Transit Commission (TTC) and its driver for a bus door incident, and another against the City of Toronto for a slip and fall on an icy sidewalk.

The court dismissed both actions, finding no negligence on the part of the defendants and significant credibility issues with the plaintiff regarding his injuries, pain, and efforts to return to work.

The court also found that the plaintiff's alleged psychological injuries were not causally linked to the TTC accident or were too remote.