Rafal Szymanski

Following a lengthy civil trial involving multiple plaintiffs arising from a motor vehicle incident, the plaintiffs’ claims against several defendants—including a transportation company, police officers, and the provincial Crown—were dismissed.

The successful defendants sought substantial costs after a 56‑day trial and extensive pre‑trial litigation.

The court applied s. 131 of the Courts of Justice Act and Rules 49 and 57.01 of the Rules of Civil Procedure, emphasizing fairness and reasonableness in fixing costs rather than a strict accounting exercise.

Costs were awarded on a partial indemnity basis up to the defendants’ settlement offers and on a substantial indemnity basis thereafter, with adjustments made for excessive claims and unnecessary attendance of junior counsel.

The court also held the plaintiffs jointly and severally liable for the liability portion of the defendants’ costs, while allocating damages‑related costs severally among individual plaintiffs.

Requests for a Sanderson order and third‑party costs were denied.

A costs decision arising from a multi‑plaintiff bus accident action where one plaintiff settled prior to trial.

The settling plaintiff sought costs based on a proportional share of a collective liability account and individual damages account maintained for all plaintiffs.

The defendants disputed various docketed entries, including costs relating to unrelated proceedings, unsuccessful motions, and non‑taxable disbursements.

Applying the discretion under s. 131 of the Courts of Justice Act and the factors in Rule 57.01 of the Rules of Civil Procedure, the court emphasized proportionality between the settlement value and the requested costs.

The court rejected the full amount sought and instead fixed a global costs award considered fair and reasonable in the circumstances.

The appellant filed a police misconduct complaint under the Police Services Act and commenced a parallel civil action for damages arising from the same arrest.

After the disciplinary hearing officer found the officers not guilty, the respondents successfully moved to strike the civil claims on the basis of issue estoppel.

The Supreme Court of Canada, in a 4-3 decision, allowed the appeal, holding that while no public policy rule should categorically exclude police disciplinary hearings from issue estoppel, the Court of Appeal erred in its discretionary analysis by failing to consider the significant differences in purpose, scope, and stakes between the two proceedings, the parties' reasonable expectations, and the unfairness of permitting the Chief of Police's designate's decision to exonerate the Chief from civil liability.

The plaintiffs were passengers on a Greyhound bus who were injured when another passenger, Davis, suddenly grabbed the steering wheel, causing the bus to crash.

Prior to boarding, Davis had exhibited signs of mild paranoia and had interacted with OPP officers, who concluded he was not a danger to himself or others.

The plaintiffs sued the OPP, the officers, Greyhound, and the bus driver for negligence.

The Superior Court of Justice dismissed the action against all defendants except Davis, finding that the police officers acted reasonably and had no legal grounds to apprehend or detain Davis under the Mental Health Act or common law.

The court also found that the bus driver and Greyhound met the high standard of care expected of a common carrier, as the sudden attack was not reasonably foreseeable and the driver's actions were reasonable in the circumstances.

The court proceeded to assess the hypothetical damages for each plaintiff.

The appellant appealed an order setting aside a noting in default and striking his amended statement of claim without leave to amend.

The Court of Appeal found no error in the motion judge's conclusion that the pleading failed to accord with the rules, failed to plead essential elements, and had no possible chance of success.

The appeal was dismissed with costs.