Sloane Bernard

The defendant sought costs on a partial indemnity basis of $45,399.84 following the dismissal of the plaintiff's slip and fall action.

The trial was conducted under the simplified procedure rules and damages had been agreed at $20,000.

The court found the defendant's claimed costs excessive and disproportionate to the agreed damages and the complexity of the case.

Costs were fixed at $20,000 inclusive of disbursements.

The plaintiff brought an action for damages after tripping and falling in a parking lot owned by the defendant.

She alleged that she tripped over an insufficiently marked and maintained speed bump.

The court found that the speed bump's markings complied with industry standards and provided adequate warning.

Furthermore, the plaintiff could not objectively prove what caused her fall, relying only on speculation after returning to the scene weeks later.

The action was dismissed.

The plaintiff brought a motion to set aside a registrar's order dismissing the action for delay.

The action arose from a 2008 motor vehicle accident.

The court applied a contextual approach, finding that the plaintiff adequately explained the litigation delay, which was partly due to issues identifying the vehicle's owner and the defendants' delay in delivering pleadings.

The court accepted that the failure to set the action down was due to counsel's inadvertence, the motion was brought reasonably promptly, and the defendants did not suffer significant prejudice.

The motion to set aside the dismissal was granted.