Kathleen Riley Carkner

The court determined whether costs should be awarded against the main plaintiff, Hassan Salem, for an unproductive pre-trial conference and the adjournment of a six-week trial.

Salem failed to attend the fourth pre-trial conference scheduled for April 3, 2025, and his counsel was also absent due to a scheduling conflict.

Salem had terminated his lawyer's services shortly before trial.

The court found that the fourth pre-trial conference was unproductive and awarded immediate costs.

The court also assessed costs thrown away at twenty percent of the costs and disbursements incurred by the defendant and co-plaintiff, to be paid upon trial decision or full resolution of the matter.

The proposed litigation administrator for the deceased plaintiff, Hanadi Mohammed, brought a motion seeking an order to continue the action, a one-year extension for service of the statement of claim, and leave to amend the statement of claim.

The action was commenced after the plaintiff's death and after the two-year anniversary of the motor vehicle collision.

The motion was brought without notice to the defendants.

The court found several deficiencies in the evidence, including a lack of explanation for commencing the action in the deceased's name, delay in bringing the motion, insufficient evidence regarding notice to defendants and potential prejudice, and the absence of a draft amended statement of claim.

Consequently, the motion was adjourned to an oral hearing and ordered to be brought on notice to the defendants, with the action remaining stayed under Rule 9.03(6).