D. Levy

The parties sought costs following a motion where the plaintiff successfully amended her statement of claim but was unsuccessful in striking the jury, and the defendants successfully obtained an order for further medical assessments.

The court found the defendants were seeking an indulgence for the medical assessments and were not entitled to costs for that portion.

The defendants were awarded $750 in costs for successfully opposing the motion to strike the jury.

The plaintiff brought a motion to amend the Statement of Claim to increase damages to $2,000,000 and to strike the jury notice due to trial delays caused by the COVID-19 pandemic.

The defendants brought a cross-motion for further medical examinations.

The court granted leave to both parties to bring their motions after the action was set down for trial.

The court allowed the amendment to the Statement of Claim and ordered the plaintiff to attend further medical examinations.

However, the court dismissed the motion to strike the jury, finding that the defendants would be prejudiced by the loss of their litigation strategy to have the plaintiff's credibility assessed by a jury.