Stephen R. Jackson

The appellant appealed the order of the motion judge, who dismissed her motion to set aside the dismissal of her action.

The motion judge applied the Reid factors, finding no adequate explanation for the 10.5-year delay, lack of diligence, and that 7.5 years since the dismissal was too long to revive the action.

The Court of Appeal found no error in the analysis and dismissed the appeal.

The appellants appealed a trial judge's order awarding the respondent $70,000 in partial indemnity costs.

The Court of Appeal found that the trial judge erred by fixing costs based on hourly rates exceeding the costs grid without a finding of special expertise, and by failing to consider whether the amount was fair and reasonable for the unsuccessful party to pay.

The appeal was allowed, and the costs award was reduced to $50,000.