The plaintiffs brought a motion for costs thrown away after the defendants served a Medicolegal File Review expert report in breach of Rule 53.03, just one week before the pre-trial and trial.
Although the defendants subsequently advised they would no longer rely on the report, rendering the substantive motion unnecessary, the plaintiffs sought costs for the wasted effort.
The court applied the three-component test for costs thrown away, finding that the plaintiffs' motion was reasonably necessary, the associated fees and disbursements were rendered useless, and the defendants' conduct occasioned these wasted costs.
The court awarded the plaintiffs $5,000 in costs.
