Seumas Woods

At a case conference in a securities class action, the plaintiffs sought to amend their pleading to add a secondary market claim, which requires leave to proceed under the Securities Act.

The defendants argued the motion to amend should be heard first as a preliminary matter, while the plaintiffs argued it should be heard together with the motions for leave to proceed and certification.

The court ordered that all three motions be heard together to avoid litigation by installment and potential separate appeals.

The parties attended a case conference to schedule a 40-day trial for a construction dispute commenced in 2015.

The court noted that there were ongoing interlocutory motions regarding productions and pleadings, and no expert reports had been delivered.

The court declined to fix a trial date, holding that an action with ongoing interlocutory matters is not ready for trial, and directed the parties to return to trial scheduling court once the outstanding matters and expert reports are completed.

Following a personal injury trial where the plaintiff was awarded damages but found 25% contributorily negligent, the parties made written submissions on costs.

The plaintiff sought over $817,000 in costs and disbursements, arguing for substantial indemnity costs from the date of a Rule 49 offer.

The defendants argued for an award of $380,000 inclusive of disbursements.

The court rejected the application of substantial indemnity costs, finding the trial result was not a 'near miss' to the plaintiff's offer.

Applying the factors under Rule 57.01, the court fixed costs at $500,000 all-inclusive on a partial indemnity scale.

The plaintiff suffered a severe quadriceps rupture after slipping and falling on a poorly lit, defectively designed stairway at a Sandals resort in Saint Lucia.

The court applied Saint Lucian law to determine liability, finding the resort breached its duty of care as an occupier.

The plaintiff was found 25% contributorily negligent for descending the stairs in the dark.

Applying Ontario law for the quantification of damages, the court awarded general damages, future care costs, and special damages, rejecting the defendants' arguments that the plaintiff's pre-existing osteoarthritis or a subsequent re-injury broke the chain of causation.