Symone Racquel Marlowe

This costs endorsement arises from a pedestrian motor vehicle accident case where the jury found no negligence against the defendant driver, leading to the dismissal of the plaintiffs' action.

The defendants sought costs on a substantial indemnity basis, relying on a Rule 49 offer to settle.

The court found that Rule 49.10 did not apply as the plaintiff obtained no judgment.

The court exercised its discretion under the Courts of Justice Act and Rules of Civil Procedure to decline awarding costs against the principal plaintiff, Jasmine Jarvis, citing the tragic circumstances of her severe traumatic brain injury, her limited ability to pay, and procedural unfairness during the trial where irrelevant character evidence was improperly introduced.

No costs were awarded against the Family Law Act claimants (grandparents) due to their derivative claims and limited financial means.

The plaintiffs brought a motion to determine the admissibility of a post-surgery photo of the plaintiff's head and a pre-operative CT scan for use in their opening address to the jury in a liability-only trial.

The defendants objected on grounds of relevance and prejudice.

Applying the four-part test from Whitford v. Swan, the court allowed the photo, finding it relevant to explain the plaintiff's lack of memory and not unduly prejudicial, provided it was proven at trial.

However, the CT scan was disallowed due to its narrative commentary and embellishments, which were deemed prejudicial and of low probative value given that damages were settled.