Dr. Axelrod

The appellant appealed a jury trial decision dismissing her personal injury claim against the Toronto Transit Commission for an alleged fall on a bus.

She argued the trial judge erred by refusing to instruct the jury on spoliation regarding overwritten video evidence, allowing cross-examination on her doctor's complete clinical notes, and permitting references to pre-existing injuries.

The Divisional Court dismissed the appeal, finding no palpable and overriding errors in the trial judge's evidentiary rulings or jury instructions, as the appellant failed to prove intentional destruction of evidence and the medical records were relevant to her claims.

Following the dismissal of the plaintiffs' personal injury claims at a jury trial, the court assessed costs payable to the successful defendants.

The plaintiff argued impecuniosity, but the court found he failed to meet the evidentiary threshold to prove an inability to pay.

The court awarded the defendants partial indemnity costs up to the date of their reasonable settlement offer, and substantial indemnity costs thereafter, fixing total fees at $180,000 plus HST and disbursements at $51,554.18.