Glenn Stuart Harvey-McKean

The defendants brought a motion seeking costs thrown away on a substantial indemnity basis for a late trial adjournment and an order suspending pre-judgment interest.

The trial was adjourned due to the plaintiff's counsel's failure to comply with timetable orders, including providing proper witness statements and an ever-changing witness list, which rendered the original four-week trial estimate unrealistic.

The court found the plaintiff and his counsel responsible for the adjournment, awarded the defendants $100,000 in costs thrown away on a partial indemnity basis, and suspended pre-judgment interest from the original trial date until the new trial date.

The defendant Greensward brought a motion for summary judgment, arguing there was no genuine issue requiring a trial regarding the adequacy of salting at a commercial property where the plaintiff slipped and fell.

Alternatively, Greensward sought to stay the plaintiffs' action for non-compliance with an interlocutory order concerning undertakings.

The court dismissed the summary judgment motion, finding genuine issues of material fact, particularly concerning the adequacy of salting and the standard of care, which required a trial and credibility assessment.

The court also dismissed the motion to stay the action, noting that the plaintiffs had shown partial compliance and that a stay was not "just" given the circumstances, but ordered the plaintiffs' counsel to provide a detailed affidavit on the status of all undertakings.