SUPERIOR COURT OF JUSTICE - ONTARIO
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
1On 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.
2The Defendant responded promptly, copy to counsel for the Plaintiff.
3On December 17, 2014 I am still without a response from counsel for the Plaintiff.
4This 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.
5It 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.
6Costs 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