This property loss action was commenced under Ordinary Procedure in the Superior Court.
On the eve of trial, the plaintiff sought to amend the claim to have the action converted to Simplified Procedure. The defendants argued that the claim should have been brought under Simplified Procedure at the outset, and sought costs associated with having to defend the matter under Ordinary Procedures. The plaintiff argued that the cost consequences could only be considered at the end of trial. Justice Pierce granted the amendments sought by the plaintiff, but also ordered the plaintiff to pay the defendants a number of claimed costs. She accepted that the plaintiff ought to have known from the outset that the claim was going to total less than $100,000. She ordered payment of $7,500 in substantial indemnity costs for one of the defendants. The other defendant was awarded $8,500 in substantial indemnity costs plus $22,836.74 for an expert report it would not otherwise have obtained. The further consequences of Rule 76.13(3) were left to the trial judge.