2 total
Costs fixed at $210,000; defendant penalized for unreasonable refusal to mediate despite plaintiff's extensive trial preparation.
Following a jury trial where the plaintiff was awarded damages for injuries sustained at a speedway, the parties could not agree on the quantum of costs.
The plaintiff sought partial indemnity costs of $269,371, while the defendant proposed $150,000.
The court considered factors including the principle of proportionality, the defendant's unreasonable refusal to mediate, and the plaintiff's extensive use of jury focus groups.
The court adjusted the plaintiff's claimed hourly rates and time spent, but penalized the defendant for refusing to mediate, ultimately fixing costs at $210,000 plus taxes.
Leave to appeal order permitting video-recording of defence psychiatric examination denied.
The defendants sought leave to appeal an order permitting the plaintiff to video-record a defence psychiatric examination.
The motions judge had allowed the recording because the defence doctor refused to allow the plaintiff to take notes or record the examination.
The Divisional Court dismissed the application for leave to appeal, finding no conflicting decision under Rule 62.02(4)(a) and that the matter was not of general importance under Rule 62.02(4)(b), as the Court of Appeal had already established the legal principles in Bellamy v. Johnson.
