Stuart Woody

The plaintiff brought a motion seeking to strike the defendants' defence, obtain judgment, or restore the matter to the trial list, alleging various procedural failures by the defendants.

The defendants brought a cross-motion seeking to dismiss the plaintiff's action for delay and refusal to attend examination for discovery, and requested security for costs.

The court dismissed both the plaintiff's motion, finding her complaints insufficient and her refusal to attend discovery unreasonable, and the defendants' motion, finding the delay not contumelious or inordinate, and declining security for costs.

The court instead ordered a specific, narrower discovery plan and timetable to advance the litigation.

In an occupier's liability action, the court determined costs following the dismissal of the defendant's summary judgment motion, which had granted the plaintiff judgment with damages to be assessed.

The plaintiff sought costs of $21,784.14 for counsel fees and $7,127.43 for disbursements.

The defendant argued for a lower award, limited to the summary judgment motion, and sought a set-off for the plaintiff's expert evidence that was ultimately ruled inadmissible.

The court awarded the plaintiff $18,500 for counsel fees and $7,127.43 for disbursements, finding it appropriate to award costs for the action to date to facilitate settlement.

The court rejected the defendant's set-off claim and affirmed that computer-assisted legal research is a recoverable disbursement.

The defendant, Cadillac Fairview, moved for summary judgment to dismiss an occupier's liability action brought by the plaintiff, Stephen Drummond, who was injured after tripping over a skateboard in the mall's food court.

The court dismissed Cadillac Fairview's motion and instead granted summary judgment on liability to the plaintiff, finding that Cadillac Fairview breached its statutory duty under the Occupiers' Liability Act by failing to adequately implement its own safety policies regarding skateboard use, despite having a reasonable system in place.

Damages are to be assessed at a later trial if not settled.