M. James McMahon

The defendant, Paolo Messina, was successful on a summary judgment motion dismissing the plaintiffs' action against him.

He sought costs on a partial indemnity basis up to the date of an offer to settle, and substantial indemnity costs thereafter.

The court found no reprehensible conduct or Rule 49 offer to justify substantial indemnity costs, awarding partial indemnity costs instead.

After reviewing the principles of partial indemnity costs, including the rule that they must be less than two-thirds of actual costs, the court fixed the defendant's costs at $47,029.64, noting the plaintiffs' unreasonable conduct in maintaining the action without evidence.

The plaintiff brought a motion for default judgment after the defendant adventure park operator failed to defend a personal injury action arising from a zipline accident.

The court accepted the plaintiff’s allegations as proven and determined that Ontario had jurisdiction because the contract was formed in Ontario and the defendant’s business targeted Ontario residents through its internet advertising and operations.

The court found the defendant breached contractual representations regarding supervision, training, and safety equipment, and further held that the defendant’s conduct constituted negligence and gross negligence.

Liability waivers presented after the contract formation and not provided in the plaintiff’s language were held ineffective.

Default judgment was granted with damages for income loss and general damages for serious ankle injuries.