Legal Blog

Plaintiff Awarded Costs of the Pre-Trial Conference

Rososhansky v. Williams 2018 Ont SCJ

A pre-trial judge awarded the plaintiff costs of the pre-trial, relying on Rule 50.12. The judge noted that there was nothing wrong with a defendant taking the position at the pre-trial that there was no risk of liability, but that position had to have some rational foundation either in law or on the evidence. The judge held that the defendant’s position was contrary to an objective (i.e. the judge’s) view of the evidentiary record and relied on evidence that had not yet been obtained. Accordingly, the defendant, by refusing any compromise other than to agree to the plaintiff dismissing the action without costs, was wasting the plaintiff’s time and needlessly running up costs for him. This decision makes no sense. Pre-trials are mandatory and every party should have a subjective, not an objective, right to determine whether to settle or not.

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.