Rachel Radomski

This decision addresses the costs arising from a dismissed summary judgment motion brought by the defendant Technical Standards and Safety Authority (TSSA).

The plaintiffs, having successfully resisted the motion, sought partial indemnity costs of $41,033.67.

The TSSA proposed an award of $10,000, arguing that many claimed costs and disbursements related to the action generally rather than specifically to the motion.

The court, applying principles from the Courts of Justice Act and Rules of Civil Procedure, found the plaintiffs' requested hourly rates and disbursements, including expert reports and scheduling attendances, to be reasonable.

The court emphasized that it should not second-guess successful counsel's time on a motion that could have terminated the action.

Ultimately, the court ordered the TSSA to pay the plaintiffs $40,000 in costs, inclusive of HST and disbursements.

The Technical Standards and Safety Authority (TSSA) brought a motion for summary judgment to dismiss an action against it following a severe escalator injury to a minor plaintiff.

The TSSA argued it owed no duty of care regarding inspection frequency, met the standard of care in its inspections, and its actions did not cause the injuries.

The court dismissed the motion, finding genuine issues requiring a trial.

The court emphasized that the necessary findings of fact could not be made without live witness evidence, and that the issues were not clearly severable from the broader case against other defendants, posing a risk of inconsistent findings if partial summary judgment were granted.