H.K. O'Connell

The applicant sought an order of mandamus compelling a justice of the peace to proceed with the respondent's trial for a speeding infraction.

The justice of the peace had previously ruled that the court lost jurisdiction over the respondent because administrative adjournments during the COVID-19 pandemic were not properly recorded on the offence notice.

The Superior Court found that the justice of the peace erred, as the respondent had attorned to the court's jurisdiction by appearing via a representative, and the administrative adjournments complied with COVID-19 directives.

The application for mandamus was granted.

The defendants brought a motion to discontinue the plaintiff's action pursuant to Rules 23.01(1)(b) and 23.04(1) of the Rules of Civil Procedure.

The self-represented plaintiff agreed to the discontinuance, acknowledging that the case would be over.

The court granted the order on consent, noting the plaintiff's voluntary agreement and thanking counsel for their professionalism.

Following a trial where the plaintiffs were unsuccessful in their will challenge, the court determined the issue of costs.

The court awarded costs to two non-party lawyers who testified at trial, payable out of the estate.

Applying the 'loser pays' principle, the court ordered the plaintiffs to pay the successful defendant's costs on a partial indemnity basis up to the date of a reasonable settlement offer, and on a substantial indemnity basis thereafter.

However, the court ordered $36,000 of the plaintiffs' discovery costs to be paid out of the estate, which was deducted from the costs payable to the defendant.