The plaintiff, who travelled from Ireland for a pre-trial conference regarding a motor vehicle accident, sought costs after the conference failed to result in a settlement.
The defendant maintained a 'no liability' position contrary to their stance at mediation, without communicating this change in advance.
The court found the defendant's behavior obdurate and the pre-trial conference substantially a waste of time.
Pursuant to Rule 50.12 and s. 131(1) of the Courts of Justice Act, the court ordered the defendant to pay the plaintiff's out-of-pocket travel expenses and counsel fees, as well as the fees of the other defendants' counsel in the cause.
