Mari Maimets

The defendant Dufferin Aggregates appealed Associate Justice McGraw’s decision extending the time for the plaintiffs, Uzelac and G. Uzelac Trucking, to set the action down for trial.

The court reviewed the history of the litigation, including periods of delay, and considered whether the plaintiffs had provided an acceptable explanation for the delay and whether the defendants would suffer non-compensable prejudice.

The court found that Associate Justice McGraw had properly exercised his discretion, applied the correct legal test, and made no palpable and overriding errors of fact.

The appeal was dismissed, and costs were awarded to Uzelac.

The court dismissed Steven Howell’s defamation action against Tracy Cullen, Manager of Licensing at the Registered Insurance Brokers of Ontario (RIBO), as frivolous and vexatious.

The court found that Ms. Cullen was protected by statutory immunity for actions taken in good faith within the scope of her employment, and that Mr. Howell’s claim disclosed no reasonable cause of action.

The court also fixed costs against Mr. Howell in the amount of $15,000.

The court considered a motion by the plaintiffs to extend the time to set their action down for trial under Rule 48.14(5) of the Rules of Civil Procedure.

The plaintiffs, alleging wrongful dismissal and related claims, faced delays due to both parties’ conduct, changes in counsel, and the COVID-19 pandemic.

The court found the plaintiffs provided an acceptable explanation for the delay, much of which was attributable to inadvertence and file management issues at counsel’s firm, and that the defendants would not suffer non-compensable prejudice if the action proceeded.

The court granted the extension and imposed a timetable for the remaining steps.

This decision addresses the costs arising from a successful motion brought by the defendant, Bombardier Transportation Canada Inc., against the plaintiff, Nicole Barrette.

Bombardier sought approximately $16,780.50 in partial and substantial indemnity costs under Rule 49.10, having been entirely successful in the underlying motion.

Barrette argued the claim was excessive and disproportionate, suggesting $1,500, citing the simplified procedure limits under Rule 76 and the limited impact of some motion issues on the overall litigation.

The court, exercising its discretion under Rule 57.01(1), considered the offer to settle, proportionality, and local counsel rates, ultimately awarding Bombardier $5,000 in costs, inclusive of fees, disbursements, and HST.

The defendant, Bombardier Transportation Canada Inc., brought a motion to compel the plaintiff, Nicole Barrette, to answer certain discovery questions and undergo an independent medical examination (IME) by a psychiatrist.

The plaintiff was terminated from her employment and is seeking damages for wrongful dismissal, alleged refusal to accommodate disability, and discriminatory conduct under the Human Rights Code.

The court granted the motion in part, compelling answers to most outstanding discovery questions and ordering the plaintiff to attend the IME, finding her mental condition was in question.

The court also addressed the scope of expert opinion and rescheduled the trial.

The plaintiff brought a motion to extend the time to set the action down for trial and to establish a litigation timetable, while the defendant sought dismissal of the action for delay.

The court granted the plaintiff's motion, finding that the plaintiff provided an acceptable explanation for the delay, largely attributable to counsel's personal health issues and professional demands during the COVID-19 pandemic, and that the defendant would suffer no non-compensable prejudice.

The court emphasized that delay caused by counsel, rather than the client, is generally not a basis for dismissal.

A new timetable for pre-trial steps was ordered, and costs were awarded to the plaintiff.