14 Dec 2017
The court granted leave to apply for leave to appeal out of time and granted leave to appeal on the discrete question of law whether the reasonableness of expert witness costs should be assessed taking into account that the client was self-represented, recognizing that the issue raises a question of general/public importance that could justify a further appeal.
9 Oct 2017
Costs awarded to the second defendant; mixed scale applied (discovery on 2A, other items on 2B) producing scale costs of $11,150 plus $892 for submissions fixed at $12,042; increased costs denied because the joinder did not lack merit given the plaintiff acted on expert advice and discontinued promptly; expert fees were specific, reasonably necessary and proportionate and recoverable, and defendant's expert disbursements were fixed at $55,010.67.
3 Apr 2012
Leave to appeal dismissed because, although arguable that defence expert evidence ought not be excluded merely as repetitious, no substantial miscarriage of justice occurred as Parsonson's evidence was so similar to the Crown expert's evidence that it would have added very little to the jury's understanding.