Patrick Walter O'Donoghue Brown

This costs endorsement arises from a pedestrian motor vehicle accident case where the jury found no negligence against the defendant driver, leading to the dismissal of the plaintiffs' action.

The defendants sought costs on a substantial indemnity basis, relying on a Rule 49 offer to settle.

The court found that Rule 49.10 did not apply as the plaintiff obtained no judgment.

The court exercised its discretion under the Courts of Justice Act and Rules of Civil Procedure to decline awarding costs against the principal plaintiff, Jasmine Jarvis, citing the tragic circumstances of her severe traumatic brain injury, her limited ability to pay, and procedural unfairness during the trial where irrelevant character evidence was improperly introduced.

No costs were awarded against the Family Law Act claimants (grandparents) due to their derivative claims and limited financial means.

Appeal of summary judgment dismissal in a negligence action arising from a fatal motor vehicle accident.

The plaintiff's estate and family sued social hosts for damages, alleging the hosts owed a duty of care when the intoxicated guest drove home and subsequently drove his children and their babysitter, resulting in a fatal collision.

The motion judge dismissed the claims, finding no duty of care existed and alternatively that any duty ended when the guest arrived home safely.

The Court of Appeal allowed the appeal, finding genuine issues of fact regarding foreseeability and proximity that required trial, and rejecting the proposition that a social host's duty of care automatically expires upon an intoxicated guest's safe arrival home.