Piera A. Segreto

The defendant brought a motion to strike the plaintiff's statement of claim for disclosing no reasonable cause of action.

The plaintiff claimed damages for physical and mental injuries suffered as a bystander who witnessed a fatal motor vehicle collision allegedly caused by the defendant.

The court dismissed the motion, finding that it was not plain and obvious that the claim had no reasonable prospect of success, as Canadian courts have recognized a potential duty of care to bystanders who suffer nervous shock from witnessing horrific accidents.

A municipal defendant sought costs after being named in a slip‑and‑fall action despite evidence that it neither owned nor maintained the property.

Ownership and maintenance responsibilities were admitted by the other defendants, yet the plaintiff refused to discontinue the claim against the municipality until after a summary judgment motion was served.

The court held that commencing the action and participating in discoveries was not unreasonable, but maintaining the claim thereafter unnecessarily increased litigation costs.

Costs were awarded against the plaintiff, though reduced from the amount claimed.