Cuming & Gillespie recently resolved a slip and fall claim of an elementary student who was injured during recess at a public school. This claim was vigorously defended. The Defendants brought multiple unsuccessful Special Chambers Applications, including a Summary Judgment Application, in an attempt to dismiss the claim entirely.
Throughout litigation, the Defendants expressed no interest in reaching a resolution without a Court judgment. As a result, a trial date was booked and the parties attended to a Court-mandated Judicial Dispute Resolution settlement conference (“JDR”). At the JDR, the Defendants remained persistent in their position that they had no risk of liability and that they would succeed at the upcoming trial. However, in the Plaintiffs’ brief and oral argument, Cuming & Gillespie clearly presented and conveyed the risks that the Defendants would face should the matter proceed to trial. The Justice managing the JDR agreed with the arguments presented by Cuming & Gillespie and confirmed the clear risks that the Defendants faced.
While the matter was not resolved at the JDR, this venue allowed the insurer for the Defendants to hear the arguments presented by Cuming & Gillespie, as well as the confirmation of risk as offered by the Justice. As a result, in the months following the JDR, the Defendants finally entered into productive negotiations and this matter was resolved for a fair value without the need of proceeding with trial.