Mar 07, 2014

Dismissed case highlights risk of third-party costs

Advocate Daily Post

A recent decision that considered who should pay third-party costs when a case is dismissed because of delay provides important lessons for counsel, as the courts begin to take tougher stances on litigation delay, says Toronto civil and commercial litigator Patrick Summers.

Although Turczinski v. Fernandes began as a neighbour dispute case, lengthy delays by the plaintiff in setting a trial date resulted in the matter being dismissed, says Summers, partner with Basman Smith LLP, who represented one set of defendants. However, the question of third-party costs remained. Where a defendant receives an order dismissing a plaintiff’s claim a third-party action is automatically dismissed under the Rules.

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Photography by Daniel X. O'Nei