Robin A. Lepere

The plaintiff, St. Joseph’s Hospital, commenced an action against the City of Thunder Bay for property damages allegedly caused by the addition of sodium hydroxide to the municipal water supply.

After a parallel class action was certified, the plaintiff decided to join the class proceeding, and the parties agreed to stay the individual action.

The City moved for costs thrown away regarding a document review and cancelled discoveries, while the plaintiff cross-moved for the costs of a prior case conference.

The court dismissed both claims, finding that the City failed to provide a Bill of Costs to support its claims and that the plaintiff's request was barred because the prior case conference endorsement was silent on costs.