Leeza Pece

The defendant brought two motions in an action arising from a fire that damaged equipment at a mining project.

The first motion sought to compel the third party insurance broker to answer refusals from examinations for discovery.

The second motion sought to compel a non-party independent adjuster to produce its complete file and attend an examination.

The court ordered the insurance broker to answer most of the refusals, finding them relevant to the allegations regarding the review of insurance coverages.

Regarding the non-party production, the court found that the adjuster's file contained relevant documents but ordered a staged approach to production to balance the interests of the non-party.

The motion to examine the adjuster was adjourned pending the resolution of documentary production.

Following the dismissal of the defendants' motions for summary judgment, the court determined the costs payable to the successful plaintiff.

The plaintiff sought substantial indemnity costs based on an unaccepted offer to settle the motions.

The court declined to award substantial indemnity costs, noting that Rule 49.10 does not provide a responding party much incentive to make an offer to settle in advance of a motion.

The court fixed the plaintiff's costs on a partial indemnity basis at $38,328, inclusive of fees, disbursements, and HST, to be paid equally by the three moving party groups.

The defendants jointly brought a motion for summary judgment to dismiss the plaintiff's slip and fall personal injury claim.

The plaintiff slipped on ice while attempting to enter a bridal store.

The court dismissed the motion, finding that the factual record was highly disputed and the electronic materials filed by the parties were voluminous, unorganized, and lacked necessary hyperlinks.

The court emphasized that summary judgment is inappropriate when the record does not allow the judge to confidently make findings of fact, and strongly criticized the profession's failure to properly prepare electronic motion records.