Stephen J. Wojciechowski

During a bifurcated trial on liability regarding TMJ implant surgeries, three mid-trial motions were brought concerning the calling of witnesses.

The defendant's motion to call Dr. Wyant was granted on consent.

The plaintiffs moved to reopen their case to call a former hospital records director regarding a spoliation claim, and to call the former chief of staff as an adverse witness.

The court allowed the plaintiffs to reopen their case to call the records director, finding no prejudice to the defendant.

The court also put the defendant to its election under Rule 53.07(1) regarding the former chief of staff, allowing the plaintiffs to call him if the defendant chose not to.

In a complex medical malpractice trial, the defendant hospital brought a mid-trial motion seeking leave under Rule 31.11(6) to introduce discovery transcripts of a deceased doctor from other actions.

The plaintiffs opposed the motion, arguing they did not have the transcripts when prior Pierringer orders were made and would be irreparably prejudiced because their experts had not reviewed them.

The court denied the motion, finding that the plaintiffs did not have the transcripts prior to trial and that admitting them now would cause irreparable prejudice that could not be compensated by costs or an adjournment.

Following dismissal of a civil action alleging assault, unlawful arrest and detention, and breaches of Charter rights against several police-related defendants, the successful defendants sought costs of a ten‑day trial.

The plaintiff opposed the amount, arguing the bill of costs was excessive, that some issues were not fully successful, and that personal financial hardship should mitigate the award.

The court reviewed the lengthy procedural history, the defendants’ partial indemnity rates, the existence of a prior offer to settle, and the defendants’ complete success on the core liability issues.

Finding the bill of costs reasonable and modest given the complexity and duration of the proceeding, and noting the absence of evidence supporting impecuniosity, the court awarded the defendants their costs on a partial indemnity scale.