William J. Jesseau

Following a 13-day jury trial where the plaintiffs' motor vehicle accident claim was dismissed based on the defence of inevitable accident, the successful defendant sought partial indemnity costs of $140,109.10.

The plaintiffs argued the amount was unreasonably high and proposed $100,000.

The court found the defendant's claimed disbursements and fees to be fair and reasonable, noting the complexity of the medical evidence and the plaintiffs' own incurred costs.

The court awarded the defendant costs in the full amount claimed.

The plaintiff in a motor vehicle accident action brought a motion to exclude surveillance evidence, strike the jury notice due to pandemic delays, and require a jury instruction on the statutory deductible.

The court excluded surveillance footage taken on the plaintiff's wedding day, finding its prejudicial effect outweighed its probative value, but allowed other footage taken from private parking lots.

The court conditionally struck the jury notice to ensure the trial proceeds on its fixed date even if a jury is unavailable.

The request for a jury instruction on the statutory deductible was dismissed, as the jury's role is to assess damages without regard to the deduction.

Following a jury trial in a motor vehicle negligence action where liability was admitted but the jury found the accident caused no injuries, the defendant sought costs after the plaintiff’s action was dismissed.

The court considered the discretion under s. 131 of the Courts of Justice Act and Rule 57.01 of the Rules of Civil Procedure, as well as the effect of Rule 49 offers to settle.

The court held that Rule 49.10 did not apply because the plaintiff obtained no judgment.

Applying the principle that costs generally follow the event, the court concluded there was no misconduct justifying departure from that principle, though the plaintiff’s financial circumstances were considered in assessing quantum.

The defendant was awarded partial indemnity costs and reduced disbursements in an amount the court considered fair and reasonable.