Michael J. L. White

This decision addresses a costs endorsement following the dismissal of the plaintiff's motion to strike a jury notice as premature.

The parties had initially agreed to partial indemnity costs for the motion, but the defendant, having successfully opposed the motion, sought substantial indemnity costs.

The court considered the defendant's offers to settle, noting they did not trigger Rule 49 consequences.

Despite the defendant's success, the court declined to award substantial indemnity costs, finding the plaintiff's refusal of the offers was not unreasonable given the rapidly evolving legal landscape concerning jury trials during the COVID-19 pandemic and the defendant's shifting position.

Partial indemnity costs of $4,000 were awarded to the defendant.

The plaintiff, Margaret Ozimkowski, moved for partial summary judgment on liability against the defendant, Luc Raymond, following a rear-end motor vehicle collision on an icy road.

The defendant argued that the plaintiff's actions and the icy road conditions created a genuine issue for trial, and that granting partial summary judgment would risk inconsistent findings with his third-party claim against the County of Lanark.

The court found that the defendant failed to disprove his negligence, as the plaintiff's stop was reasonable given the conditions and visible emergency lights.

The court also determined that there was no risk of inconsistent findings with the third-party claim, as the issues were distinct.

Partial summary judgment on liability was granted to the plaintiff, with damages to be assessed at trial.