Safina Lakhani

Following a motion in a civil action involving a minor plaintiff, the court determined the appropriate costs award.

Although there had been some division of success on the underlying motion, the court found that the plaintiff had been substantially more successful overall.

Exercising its discretion on costs, the court fixed the amount payable rather than requiring further submissions.

The defendants were ordered to pay the plaintiff costs of the motion in a fixed sum inclusive of disbursements and HST.

The defendants brought a motion under Rule 25(11)(a) of the Rules of Civil Procedure to strike several paragraphs of the statement of claim alleging prior misconduct and knowledge of risk relating to an alleged assault against a minor in a hotel room, or alternatively sought particulars under Rule 25.10.

The court held that the plaintiffs were entitled at the pleading stage to make allegations relevant to negligence and vicarious liability, particularly where the defendants would possess the relevant knowledge regarding prior conduct.

The court declined to strike most of the impugned pleadings but found that certain paragraphs were duplicative or improperly framed as submissions rather than allegations.

The court struck limited portions of the pleading while otherwise allowing the claim to proceed.