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Court reduces excessive partial indemnity costs to $29,000 after unsuccessful summary judgment motion.
Following an unsuccessful defence motion for summary judgment on a discoverability issue in a motor vehicle accident action, the court addressed the appropriate quantum of costs payable to the plaintiff.
The plaintiff sought over $50,000 in partial indemnity costs.
The court found the requested fees excessive, noting duplication of work among multiple counsel and disproportionate time claimed by senior counsel who did not draft the materials.
Applying s. 131 of the Courts of Justice Act and Rule 57.01 of the Rules of Civil Procedure, the court emphasized fairness, reasonableness, and the expectations of the parties.
Costs were reduced and fixed at a lump sum of $29,000 inclusive of fees, disbursements, and HST.
Second defence medical examination ordered where plaintiff alleged distinct physical and psychological injuries.
In a personal injury action arising from a motor vehicle accident, the defendant brought a motion compelling the plaintiff to attend a second defence medical examination, this time with a physiatrist.
The plaintiff had already attended a psychiatric defence medical examination and argued that only one examination should be permitted.
The court held that the plaintiff was claiming both psychological and physical injuries, which are distinct areas of medical inquiry, and fairness required that the defence obtain an additional expert assessment addressing the physical injuries.
The court found minimal prejudice to the plaintiff given the absence of a scheduled trial date and the importance of the assessment to the defence case.
The motion was granted, but no costs were awarded due to ambiguity created by earlier correspondence between counsel.