Mary Grosso

The plaintiffs brought a motion to amend the Trial Record to remove the defendants' Amended Statement of Defence, and a motion to set aside a previous consent order dismissing the action against their own insurer, The Co-Operators.

The defendants brought a cross-motion for leave to amend their statement of defence to plead 'inevitable accident' due to a brain tumour.

The court granted the defendants' motion to amend, finding no non-compensable prejudice to the plaintiffs.

The court dismissed the plaintiffs' motion to amend the Trial Record and their motion to set aside the consent order, finding no material change in circumstances or mutual mistake that would justify setting aside the final order.

Following the settlement of an application under the Substitute Decisions Act regarding the property and personal care of their mother, the parties sought costs.

The applicant sought full indemnity costs from the mother's assets, while the respondents sought costs from the applicant.

The court found that the applicant had acted unreasonably, commenced unnecessary litigation, and rejected reasonable settlement offers.

The court ordered the applicant to personally pay $40,000 in costs to the respondents on a substantial indemnity basis, and limited the costs payable from the mother's assets to only those portions of the legal work that actually benefited her.