Jason Giacinto Arcuri

The third party grandmother moved for summary judgment to dismiss the defendants' claim that her negligence contributed to her grandson's injury from the defendants' dog.

The child was injured while walking with his grandmother in the neighbourhood.

The court found that even accepting the dog owner's version of events, the grandmother was not negligent as it was reasonable for her to rely on the owner's control of the dog.

The motion for summary judgment was granted and the third party claim was dismissed.

Following a trial in which the plaintiff’s claim and related cross-claims were dismissed, the court determined the appropriate costs award.

Applying s. 131 of the Courts of Justice Act and Rule 57.01 of the Rules of Civil Procedure, the court assessed the reasonableness of the successful defendant’s bill of costs on a partial indemnity basis.

The court scrutinized preparation time, trial attendance, and written submissions, reducing several claimed amounts and rejecting certain disbursements including unexplained agency fees, meal expenses, legal research charges lacking detail, and stationery costs treated as overhead.

The court fixed reduced amounts for several litigation stages and limited disbursements.

Counsel were directed to calculate the final payable costs based on the court’s determinations.