Robert E. Sugar

The plaintiffs requested that their action and several related actions be assigned for case management pursuant to Rule 77.05 of the Rules of Civil Procedure.

The request was heard by the Civil Team Leader-Toronto Region, to whom the Regional Senior Judge had delegated this responsibility.

The court applied the criteria under Rule 77.05(4) and found that the actions should be assigned for case management.

Justice W.S. Chalmers was assigned as the case management judge for the consolidated actions.

This endorsement addresses the costs of a personal injury action following an eleven-week jury trial.

The jury awarded Zacharia Lane $20,000 in general damages and $8,160 for past loss of income, and Alexis Koch $30,000 in general damages.

The court considered the application of Rule 76.13(3) regarding simplified procedure costs, finding it reasonable for plaintiffs to have pursued the ordinary procedure.

The court also applied Rule 49.10 and Rule 49.13 concerning offers to settle.

It found the defendants' May 16, 2014, offer to Alexis Koch more favourable than her jury verdict, impacting her costs entitlement.

However, the offer to Zacharia Lane was not found to be more favourable.

The court ultimately made specific costs awards, balancing the parties' success, offers to settle, and the excessive length of the trial.