Grant G. Walsh

Following the dismissal of the plaintiff's action after a seven-day trial, the successful defendant sought costs of $26,010.98.

The plaintiff argued for reductions based on an unsuccessful Wagg motion, alleged duplication of work, late disclosure, and financial hardship.

The court deducted $1,500 for the unsuccessful Wagg motion but rejected the other arguments, noting the defendant's claim was already modest and hardship is not an enumerated factor under Rule 57.01.

Costs were fixed at $24,500.

The plaintiff business owner sued his commercial property insurer for failing to pay two claims for water damage to his inventory caused by a leaking roof.

The insurer denied the claims because the plaintiff failed to provide reliable proof of the value of the damaged goods, submitting invoices that were found to be inauthentic and for counterfeit products.

The court dismissed the action, finding that the first claim was barred by a valid one-year contractual limitation period.

Furthermore, the court held that the plaintiff failed to prove his losses on a balance of probabilities and was not entitled to relief from forfeiture due to his unreasonable conduct in providing fake invoices.

The plaintiffs brought an action for damages following a trip and fall incident involving an elevator mislevelling at a condominium.

The defendants, including the condominium corporation, property manager, elevator maintenance company (thyssenkrupp), and security company, each brought motions for summary judgment, arguing there were no genuine issues for trial.

The court examined the defendants' compliance with their duties under the Occupiers Liability Act, relevant regulations, and maintenance contracts, particularly concerning elevator safety and maintenance.

The court found that the defendants had reasonable systems in place, complied with the CSA B44 Code and other legislation, and that the plaintiffs failed to establish a causal link between any alleged negligence and the injuries.

All summary judgment motions were granted, dismissing the plaintiffs' action.