T. Horton

Following a nine-day trial where the plaintiff's claim was dismissed, the successful defendants sought costs.

The defendants had made a valid Rule 49 offer to settle for $50,000, entitling them to partial indemnity costs up to the offer date and substantial indemnity costs thereafter.

However, due to significant deficiencies in the defendants' Bill of Costs, including a lack of itemized dockets and disbursement invoices, the court exercised its discretion under s. 131 of the Courts of Justice Act to fix costs at $120,000 all-inclusive.

The plaintiffs in a motor vehicle accident case moved to amend their statement of claim to add three new defendants after the presumptive two-year limitation period had expired.

The proposed defendants opposed the motion, arguing the plaintiffs failed to exercise reasonable diligence to discover their involvement within the limitation period.

The court granted the motion, finding that there were issues of credibility and fact regarding when the plaintiffs ought to have discovered the claims, which warranted a trial.

The proposed defendants were granted leave to plead a limitation defence.