Anastasia Sukalsky

Following a jury trial for a motor vehicle accident where the plaintiff's damages were reduced to zero due to statutory deductibles and failure to meet the verbal threshold, the defendant sought costs of $165,000.

The plaintiff argued for no costs based on impecuniosity and access to justice.

The court rejected the plaintiff's arguments, noting the claim's lack of success and the plaintiff's access to specialized counsel on a contingency fee.

Costs were awarded to the defendant in the requested amount of $165,000.

This endorsement addresses a dispute regarding trial readiness in a personal injury action.

The plaintiffs sought to set a trial date, but the defendant objected, citing outstanding productions, unanswered undertakings, and refusals from discovery.

The court, in a case conference, found the case was not "trial ready" due to these unresolved interlocutory matters, including unquantified loss of income claims, unobtained employment files, and unserved expert reports.

Despite the four-year period since discoveries, counsel had not completed necessary steps.

The court emphasized the scarcity of trial dates and declined to book a date for an unprepared case, striking it from the trial list.

The defendant brought a motion to compel the plaintiff to answer two questions refused at his examination for discovery in a personal injury action arising from a motor vehicle accident.

The defendant sought production of the plaintiff's academic records to verify his computer science degree, which underpinned his loss of income claim, and childhood medical records from SickKids Hospital regarding a prior head injury.

The court granted the motion, finding both sets of records relevant to the issues of damages and causation.