Written on November 20, 2012.
A Plaintiff and her family who advanced FLA claims, who was found not to have been injured on-board a TTC bus, was ordered by the Trial Judge to pay costs of $250,000 in the recent decision of Rodas v. Toronto Transit Commission, 2012 ONSC 5662 (CanLII). The claims of the lead Plaintiff were found to be outrageous and not supported by the evidence. There were also allegations by the defence in support of the claim for costs, of fairly discourtous and unprofessional conduct by the Plaintiffs’ lawyer, including the service during trial of an expert report and refusing to advise as to the identity of witnesses being called.