Gabrielle Kramer

The defendant builder brought a motion for summary judgment to dismiss the plaintiff's action for damages arising from mould discovered in a home purchased in 1997.

The plaintiff claimed over $6 million for physical, emotional, and financial injuries.

The court granted the motion, finding that the plaintiff's psychiatric injuries were not reasonably foreseeable to a person of ordinary fortitude, and that there was insufficient evidence to prove the mould caused his physical injuries or financial losses.

The action was dismissed with costs.

The plaintiff estates brought a motion for a timetable and to extend the time to set the matter down for trial, which the court treated as a status hearing.

The action, a subrogated claim arising from an oil spill, was delayed following the deaths of both original plaintiffs and procedural missteps in obtaining an order to continue.

The court found the plaintiffs' explanation for the delay passable and concluded the defendants would not suffer non-compensable prejudice, as the insurer had promptly investigated the spill.

The action was stayed pending a proper order to continue, with costs awarded to the defendants.