Court File and Parties
Court File No.: CV-13-492530 Date: 20181025 Superior Court of Justice - Ontario
Re: Sabrina Louise Phillips, Plaintiff And: Chadrick Omari, Sean Anderson and Colleen Nicole Arnold, Defendants And: Certas Direct Insurance Company of Canada
Before: Carole J. Brown, J.
Counsel: Gary Mazin, for the Plaintiff William J. Jesseau for the Defendants
Costs Endorsement
1This matter came on for trial on October 9, 2018. The trial was unable to commence, as the plaintiff was unable to attend due to her mental health which required hospitalization. I requested evidence of her medical condition, which was provided on October 10.
2The cause of her inability to attend was unforeseen and unforeseeable. She had previously attended her examination for discovery and three pre-trials, the last pretrial being four days prior to trial.
3Given the circumstances, I adjourned the trial. This was the first adjournment in this matter.
4Counsel have now made submissions regarding costs thrown away. In all of the circumstances of this case, costs are to be left to the presiding judge at trial.
Carole J. Brown, J.
Date: October 25, 2018