Thomas F. Delorey

Following a trial in which the plaintiff recovered damages for a slip and fall in a correctional facility but was found contributorily negligent, the court determined the appropriate costs disposition and prejudgment interest.

Applying the overriding principle of reasonableness under s. 131 of the Courts of Justice Act and Rule 57.01, the court held that the plaintiff reasonably proceeded under the ordinary procedure despite recovering less than $100,000.

The court rejected the defendant's request to reduce costs for abandoned claims, adjournments, and contributory negligence, finding those factors did not justify a distributive or percentage-based reduction.

Partial indemnity costs were fixed at $55,000 all-inclusive, and full prejudgment interest of $31,624.66 was awarded.

The plaintiff, a federal inmate, brought a negligence claim arising from a slip and fall on icy prison steps.

The court held that the Crown, as occupier and as custodian of inmates, failed to maintain a reasonable winter safety system for the entrance area and could not rely on a loosely enforced non-visitation rule, particularly given the plaintiff's functional illiteracy and the lack of effective communication of institutional rules.

The court found the plaintiff contributorily negligent for proceeding in visibly hazardous conditions and likely wearing less suitable footwear.

Non-pecuniary damages were assessed at $100,000, reduced by 30% for contributory negligence, resulting in judgment for $70,000 plus interest.