Teri MacDonald

The court determined costs for motions brought by the defendants and a cross-motion by the plaintiffs.

The defendants sought orders compelling the plaintiff Mr. Smith to attend medical examinations and discovery, while the plaintiffs sought orders compelling the defendants to provide documents and satisfy undertakings.

The court found the defendants largely successful on the argued issues and awarded them net costs on a partial indemnity basis, fixed at $9,000.

The plaintiffs' request to delay payment due to impecuniosity was denied due to lack of substantiation and the need to incentivize timely litigation conduct.

The defendants brought a motion seeking orders to compel the plaintiff, Mr. Smith, to attend a defence vocational assessment and a further oral discovery examination.

The plaintiffs opposed these requests and brought a cross-motion for document disclosure and undertakings.

The court granted the defendants' requests, finding that a vocational assessment was necessary for a fair comparison with the plaintiff's expert, and a further discovery was warranted due to the plaintiffs' belatedly disclosed theory of causation linking a second hand injury to the first.

The court also addressed the application of Rule 48.04, granting leave for the motion to proceed, and reserved on costs.