Iman Ahsan

Following a three-week jury trial in a personal injury action, the plaintiff was awarded $241,740 in damages.

Prior to trial, the defendants had served an offer to settle for $375,000 plus costs.

Because the jury award was less favourable than the defendants' offer, the defendants sought costs from the date of the offer pursuant to Rule 49.10.

The plaintiff argued that her impecuniosity should relieve her from paying the defendants' costs, as it would effectively offset her damages award.

The court rejected this argument, finding no reason to deviate from the normal costs rules.

The plaintiff was awarded partial indemnity costs up to the date of the offer, and the defendants were awarded partial indemnity costs thereafter.

A minor plaintiff catastrophically injured in a motor vehicle accident in 2007 sought to add a municipality as a defendant in 2015.

The municipality argued the claim was statute-barred under the Limitations Act, 2002 and that notice was not given within the required ten-day period under the Municipal Act, 2001.

The motion judge allowed the amendment.

On appeal, the Court of Appeal held that while the two-year limitation period did not bar the claim (as it began running when the mother held herself out as litigation guardian in June 2014), the ten-day notice requirement was not satisfied.

The mother, as litigation guardian, had no reasonable excuse for failing to give notice within ten days of the accident, and the claim against the municipality was therefore barred.