A great success. This appeal is brought by the Appellants (Plaintiffs) as a result of a motion Judge’s refusal to grant leave to bring a motion to include punitive damages in the Plaintiffs’ claim based on presumed prejudice that could not be compensated by an award of costs. The matter was set down for trial 4 years prior by the Appellants (Plaintiffs,) and certified the matter was ready for trial during two previous pre-trials. Just weeks prior the scheduled 32 day trial, the Appellants brought a motion to amend the claim to increase the amount of damages and include punitive damages. The motion judge allowed the increased damages but refused the Appellants (Plaintiffs) requests related to punitive damages resulting in this appeal. The Appellants appealed on the grounds that the motion judge erred in law as there was neither prejudice nor presumed prejudice causally related or flowing from the proposed amendment that was non-compensable, as any delay or extra work that would result from the amendment were matters compensable in costs. No explanation for the delay in bringing the motion was provided by the Appellants (Plaintiffs). The Court of Appeal dismissed the appeal.

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David Bierstone successfully brought a WSIAT application, bringing an end to a civil action in which the plaintiff fell off a roof he was working on, suffering a serious spinal injury. The plaintiff argued that he was not in an employment relationship, but was simply helping a friend and, alternatively, that he was an “independent operator”, rather than a worker. The Tribunal rejected both arguments. To read the decision please click on the link below.

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A fantastic article about an encounter with Retired Justice Thomas Zuber that demonstrates professional courtesy, role modelling and small gestures leaving behind a big impact.

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