The plaintiff, who alleged injuries from an OC Transpo bus accident, brought a motion seeking an order that the defendant City of Ottawa pay interim costs to fund the disbursements required for his documentary discovery, citing his impecuniosity.
The court applied the test from Okanagan Indian Band and found that while the plaintiff was impecunious and had a prima facie case, there were no special circumstances to justify an extraordinary award of interim costs in a routine personal injury action.
The motion for interim costs was dismissed, but the court set a timetable for the completion of documentary and oral discovery.
