Ian A. Little

The defendant sought costs on a partial indemnity basis of $45,399.84 following the dismissal of the plaintiff's slip and fall action.

The trial was conducted under the simplified procedure rules and damages had been agreed at $20,000.

The court found the defendant's claimed costs excessive and disproportionate to the agreed damages and the complexity of the case.

Costs were fixed at $20,000 inclusive of disbursements.

The plaintiff brought an action for damages after tripping and falling in a parking lot owned by the defendant.

She alleged that she tripped over an insufficiently marked and maintained speed bump.

The court found that the speed bump's markings complied with industry standards and provided adequate warning.

Furthermore, the plaintiff could not objectively prove what caused her fall, relying only on speculation after returning to the scene weeks later.

The action was dismissed.

The plaintiff brought a motion to withdraw admissions made by her former counsel at a status hearing, which had limited her damages claim to avoid the action being dismissed for delay.

The defendants brought cross-motions to hold the plaintiff to those admissions and strike portions of the statement of claim exceeding them.

The court dismissed the plaintiff's motion and granted the defendants' cross-motions, holding that a client is bound by the representations and admissions made by their counsel in court under the doctrine of ostensible authority.