SUPERIOR COURT OF JUSTICE - ONTARIO

COURT FILE NO.: 10-1387

DATE: 20141217

RE: WADE ROLAND STAMP, Plaintiff

AND:

SUN LIFE ASSURANCE COMPANY OF CANADA and HONDA CANADA INC. c.o.b. as HONDA OF CANADA MFG., Defendant

BEFORE: THE HON. MADAM JUSTICE M.P.EBERHARD

COUNSEL:
Andrew Kerr, Counsel, for the Plaintiff

Ian St. John, Counsel, for the Defendant

HEARD: in writing December 17, 2014

ENDORSEMENT

[1] On November 18, 2014, adjourning this matter to the next trial sittings, I fixed dates for costs thrown away to be addressed in writing: the Defendant by November 25, the Plaintiff by December 1 and reply from the Defendant by December 3, 2014.

[2] The Defendant responded promptly, copy to counsel for the Plaintiff.

[3] On December 17, 2014 I am still without a response from counsel for the Plaintiff.

[4] This follows on a very unimpressive performance by counsel for the Plaintiff on November 18, 2014, particularly statements he made about important facts in the litigation that were later retracted as false.

[5] It was only because of the cautious professionalism of Defendant’s counsel that I granted an adjournment at his request, made necessary by the lack of preparation and disclosure of the Plaintiff.

[6] Costs thrown away on a full indemnity basis, for the futile attendance only, are fixed at $5,282.75 as requested, payable forthwith.

EBERHARD J.

Date: December 17, 2014