P. Regan

The plaintiffs sought costs of their successful motion to amend their statement of claim.

The Whyte Defendants and Andrew Paiva opposed the motion and sought their own costs, arguing divided success.

The court, applying Rule 57.01 and s. 131 of the Courts of Justice Act, found that while there was divided success, the plaintiffs were entitled to some costs as they succeeded on the most significant spoliation allegations.

The court dismissed the defendants' claims for costs and fixed the plaintiffs' costs at $2,340.85, inclusive of HST and disbursements, payable in the cause.

The plaintiffs brought a motion to amend their statement of claim to add a claim for punitive damages and allegations of spoliation of evidence following a pedestrian motor vehicle accident allegedly involving street racing.

The court granted leave to add the punitive damages claim and spoliation allegations concerning the sale of a vehicle and replacement of an engine, finding them to be issues worthy of trial.

However, the court denied leave to add spoliation allegations regarding electronic communications and a failure to remain at the scene, citing a lack of factual foundation.