5COURT FILE NO.: 270/09
DATE: 20090715
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
chapnik, ferrier and molloy jj.
B E T W E E N:
EDNAN NUSRAT and HUSN-ARA NUSRAT
Plaintiffs
(Respondents)
- and -
COURTNEY COLLICOTT and ROBERT COLLICOTT
Defendants
(Appellants)
Joanna Leong, for the Respondents
Jame Pedro, for the Appellants
HEARD at Toronto: July 15, 2009
chapnik J.: (Orally)
[1] We are all of the view that undertakings were given at the discovery that were not complied with at the time of the motion before Stong J. We are also of the view that the order of Stong J. was vague and no reasons were given underlying his decision or the principles upon which it was based. Rule 31.07(1) contemplates that undertakings will be fulfilled within 60 days. The Rules of Civil Procedure do not allow a party to avoid giving particulars for claims being advanced in an action until 90 days before trial.
[2] The defendant/appellant agrees that since the time of the order and after the perfection of the appeal, the undertakings regarding past and future loss of income have been satisfied. The only outstanding matter relates to the particularization of future healthcare costs claimed by the respondent/plaintiff.
[3] In view of the undertaking given in this respect, paragraph 1 of the order of Stong J. is set aside. An order will issue that the plaintiff comply with its undertaking within fourteen days (by means of an expert’s report or otherwise); and upon being served with an appointment, will re-attend to answer any questions arising from the undertakings given at discovery, in default of which, the appellant shall be entitled to have the matter struck from the trial list.
[4] Costs of the leave application are awarded to the appellants in the sum of $2,000.00 and for the appeal in the amount of $2,100.00, both payable, in any event of the cause, on the final determination of the action.
CHAPNIK J.
FERRIER J.
MOLLOY J.
Date of Reasons for Judgment: July 15, 2009
Date of Release: July 17, 2009
COURT FILE NO.: 270/09
DATE: 20090715
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
chapnik, ferrier and molloy jj.
B E T W E E N:
EDNAN NUSRAT and HUSN-ARA NUSRAT
Plaintiffs
(Respondents)
- and -
COURTNEY COLLICOTT and ROBERT COLLICOTT
Defendants
(Appellants)
ORAL REASONS FOR JUDGMENT
CHAPNIK J.
Date of Reasons for Judgment: July 15, 2009
Date of Release: July 17, 2009