On a Commercial List motion, the moving party sought an order under Rule 57.07 of the Rules of Civil Procedure requiring a former solicitor for the opposing parties to personally pay costs of the action on a substantial indemnity basis.
The hearing was scheduled to proceed but the respondent sought an adjournment due to medical issues following recent cardiovascular surgery.
The court granted the adjournment but addressed the issue of costs thrown away resulting from the late notice of the health issue.
The court held that parties must promptly communicate medical conditions that may affect scheduled hearings to reduce unnecessary costs.
Partial indemnity costs of $10,000 were ordered payable by the respondent to compensate the moving party for preparation costs rendered useless by the last‑minute adjournment.
