Eric Savas

The plaintiff, Angelo Ricci, sought leave to amend his statement of claim to reduce damages from $500,000 to $200,000 to proceed under Simplified Procedure, citing financial inability to afford a long trial.

The defendant, Credential Securities Inc., opposed, arguing lack of changed circumstances and prejudice to its defence.

The court granted leave, holding that an amendment reducing damages to the Simplified Procedure threshold mandates transfer to that procedure, and that the defendant failed to prove non-compensable prejudice.

The court awarded specific costs related to discovery time to the defendant, and costs of the motion to the plaintiff.

Following the dismissal of a motion by a non-party insurer to intervene and compel the plaintiffs to amend their statement of claim, the plaintiffs and defendants sought costs against the insurer.

The insurer did not deliver written submissions opposing the costs requests.

The court awarded costs of $18,550 to the plaintiffs and $17,181 to the defendants, payable by the insurer.

The applicant condominium corporation sought an order to evict a tenant and her disabled son due to ongoing noise complaints and nuisance, or alternatively an order for compliance with condominium rules.

The unit owner brought a separate application to vacate a lien for legal costs registered against the unit.

The court found the tenant had breached the rules but held that eviction was too draconian a remedy.

The court ordered the tenant to comply with the rules and the owner to take reasonable steps to ensure compliance.

The court upheld the lien and awarded partial costs to the condominium corporation, noting both parties had adopted overly confrontational positions.

Following a train derailment that damaged the plaintiffs' property, the plaintiffs' insurer paid a portion of the losses but failed to commence a subrogated action within the limitation period.

The plaintiffs sued the defendants for their uninsured losses only.

The insurer brought a motion for leave to intervene and to compel the plaintiffs to amend their statement of claim to include the subrogated claim.

The court dismissed the motion, finding that where the insured's loss exceeds the insurance proceeds, the insured is not obligated to maintain an action on behalf of the insurer, and the insurer cannot correct its missed limitation period by compelling the plaintiffs to prosecute the claim.