Ian P. Newcombe

Following a mid-trial settlement of a personal injury claim for $450,000, the court determined the quantum of costs payable to the plaintiffs.

The court significantly reduced the plaintiffs' claimed fees from over $335,000 to $80,000, citing bloated docketing, failure to correct discovery evidence under Rule 31.09, and the late discovery of damaging social media evidence.

Certain disbursements for expert witnesses and investigators were also disallowed as not reasonably necessary.

In a civil dispute concerning the origin of perennial rye grass and damages related to a golf course, the court assumed case management of the proceeding.

The judge ordered that all future motions be brought before the same judge or with that judge’s consent.

A litigation timetable was imposed requiring expert reports on the grass origin and damages issues, mediation, a meeting of experts with a joint report identifying agreed and disputed issues, and a final trial management conference.

The court also directed that the third party action be tried together with the main action.