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Post-trial costs reasons in a catastrophic injury case. The Court awarded Scale C and uplift costs to the plaintiff, denied double costs to Rattan, and made a Sanderson order.
The Court of Appeal dismissed Isagenix’s appeal and upheld the refusal to stay a consumer products-liability negligence claim under the arbitration clauses.
The court severed the Vivier action from related motor-vehicle actions, finding the separate trial would reduce unnecessary participation in a lengthy consolidated trial.
Where the Small Claims Court Rules do not adequately address pre-trial inspection of property, Deputy Judges have jurisdiction under r.1.03(2) to order pre-trial inspection by reference to r.32.01 of the Rules of Civil Procedure in exceptional cases where trial fairness and the interests of justice require it; in this case the power was properly exercised and the pre-trial inspection order was justified.
Source excerpt
The court held that an efficacy exclusion did not bar coverage for alleged crop damage caused by West Creek’s soil, and the insurer had a duty to defend.
Motley: latex, balloon, propane fire; the court held the plaintiffs did not prove Aerostar negligently assembled the hose or that any design defect caused the loss.
The Court of Appeal upheld certification of a class action over hormone therapy drugs, finding enough evidence for common issues on causation and BPCPA claims.
The court dismissed motions for production of fire-investigation files and expert examinations, finding litigation privilege and solicitor-client privilege applied.
The plaintiffs sought to substitute Carrier Corporation for Bryant Heating & Cooling Co. Ltd. in a carbon monoxide poisoning action, but the application was dismissed for delay and prejudice.
Court approved a class settlement over Ford TFI module claims, along with class counsel fees and $3,000 compensation to the representative plaintiff.
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