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.
