No Co-Operation To Streamline Trial? No Entitlement To Costs

On June 8, 2015, Justice Myers released his costs decision in Saleh v. Nebel in which he deprived the defendant of a $100,000-cost award because of the manner in which counsel prepared for and presented the case at trial. Though the facts of the case are unremarkable, its lesson is important: co-operation between counsel in mounting a trial is no longer an aspiration but a requirement.

The Action

The action arose out of an motor vehicle accident. The defendant admitted liability and an 8 day jury trial took place regarding damages. There were some hours (not days) wasted during the trial period while counsel conferred and agreed on various document issues. The plaintiff was initially awarded $30,000 for general damages but Justice Myers dismissed the action on the basis that the plaintiff did not meet the "serious injury" threshold under Section 267.5(5)(b) of the Insurance Act which requires that a plaintiff demonstrate a permanent and serious disfigurement or