Luigi Anthony Vadala

Following the dismissal of the defendant's motion for summary judgment, the parties could not agree on costs.

The plaintiff sought costs as the successful party.

The court reviewed the costs outlines, noted the motion was of average complexity, and found the amounts sought by both parties to be reasonable.

The court fixed the costs payable by the defendant to the plaintiff at $13,390, inclusive of fees, disbursements, and taxes.

The Corporation of the City of Kingston brought a motion for summary judgment to dismiss a trip and fall action by Darlene Petitpas.

The City argued the plaintiff's expert report was inadmissible and there was no genuine issue for trial.

The court found that the City, as the moving party, failed to meet its initial evidentiary burden by not providing evidence on the applicable standards for catch basin grates at the time of the fall (2018) or that the design/condition was in a proper state of repair at that time.

As the onus did not shift to the plaintiff, the motion for summary judgment was dismissed.