2 total
Court refuses request for opposing counsel’s dockets in assessing costs.
Following a trial, the defendant requested production of opposing counsel’s computer dockets to obtain evidence of the time and expenses incurred for the purpose of assessing costs.
The plaintiffs objected, arguing such detailed disclosure was not required under the Rules of Civil Procedure.
The court reviewed the principles governing costs assessments, emphasizing that fixing costs is not a mechanical calculation based on hours multiplied by rates.
Considering the significant expense and privilege concerns associated with producing detailed dockets, the court held that such production was not appropriate in the circumstances.
The request for production of the dockets was dismissed and the responding party was directed to deliver its costs submissions within two weeks.
Amusement park liable for child's injuries after failing to warn that ride does not stop.
The minor plaintiff, who had a pre-existing condition making his bones prone to fracture, was injured while attempting to board a continuously moving amusement park ride.
The plaintiffs sued the amusement park operator for negligence under the Occupiers' Liability Act.
The court found the defendant breached its duty of care by failing to post warning signs, failing to provide verbal instructions that the ride did not stop, and failing to have sufficient staff present.
The court dismissed the defendant's claims of contributory negligence against the minor and his father.
Damages were awarded to the minor plaintiff and his parents, taking into account the minor's pre-existing condition under the crumbling skull rule.
