Gillian Mays

Following a jury trial for a motor vehicle accident where the plaintiff's damages were reduced to zero due to statutory deductibles and failure to meet the verbal threshold, the defendant sought costs of $165,000.

The plaintiff argued for no costs based on impecuniosity and access to justice.

The court rejected the plaintiff's arguments, noting the claim's lack of success and the plaintiff's access to specialized counsel on a contingency fee.

Costs were awarded to the defendant in the requested amount of $165,000.

The plaintiff sought damages for injuries sustained in an unprovoked assault at a banquet facility.

Three defendants were noted in default.

Following an assessment of damages hearing, the court awarded the plaintiff $125,000 for pain and suffering, $25,000 for future treatment, $2,296.87 for an OHIP subrogated claim, and $50,000 for loss of competitive advantage, totaling $202,296.87.

The court also awarded costs of $67,390.82 against the defaulting defendants.

The plaintiffs and the defendant Province brought cross-motions to compel answers to undertakings and refusals arising from examinations for discovery in an action concerning an assault on an inmate at a correctional facility.

The court ordered the Province to produce a redacted range plan, summaries of officer training and discipline, and an index of standing orders, balancing relevance with institutional security concerns.

The court dismissed the Province's motion to compel information about the plaintiff's brother's criminal and employment history, finding it irrelevant and disproportionate for assessing the plaintiff's hypothetical earning capacity.