J.V. Maloney

Following a procedural motion in a personal injury action involving requests to amend the statement of claim, conduct a premises inspection by an expert, compel document production, and examine two witnesses before trial, the court addressed the issue of costs.

The plaintiff had suffered a head injury on the defendants’ property and had limited memory of the incident, which contributed to disputes over access to factual information.

The court found the motion was conducted efficiently and professionally by counsel.

Applying the usual rule that costs follow the event, the court awarded the successful moving party partial indemnity costs.

Following a successful motion compelling the plaintiff to attend an occupational therapy examination, the defendant sought costs on a partial indemnity basis.

The court assessed the reasonableness of the claimed fees and time spent by counsel and a junior lawyer or paralegal, including preparation and attendance at the hearing.

Applying the principles under Rule 57.01 regarding fairness and reasonable expectations, the court found the claimed preparation time excessive compared with the responding party’s preparation time.

The court reduced the fees allowed and also limited recovery for travel time.

Costs were fixed at a reduced amount payable by the plaintiff.