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The court addressed litigation privilege, settlement privilege, and waiver over accident-related documents and emails, ordering production only of notes made before litigation was reasonably in prospect.
The appeal was allowed; the appellant was awarded trial disbursements ($14,021.40) and appeal disbursements ($6,491.39) as costs thrown away and a modest lump-sum fee allowance to self-represented litigants of $35,000 (all-in costs award $55,512.79). Pre-trial counsel fees (including approx. $137,000) are left to the trial judge on retrial; any award of costs to respondents must exclude amounts relating to the respondents’ preparation for or conduct of the criticized trial.
Source excerpt
The court held the plaintiff was liable for the collision and awarded the defendant double costs, reduced by 25%, after a rejected offer to settle.
Plaintiff injured in a rollover after riding with an intoxicated driver was found 25% contributorily negligent. Damages were assessed for hand injuries and related losses.
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