Court of Queen ’ s Bench of Alberta Citation: T.S. v. Stazenski, 2011 ABQB 697 Date: 20111114 Docket: 0403 04003 Registry: Edmonton Between: T.S. Plaintiff - and - Brian Stazenski Defendant _______________________________________________________ Memorandum of Decision of the Honourable Mr. Justice Brian R. Burrows _______________________________________________________ [ 1 ] The trial of this matter commenced before me on Wednesday, April 27, 2011. Only two and a half days were available for the trial. The time was not sufficient to complete the presentation of the Plaintiff’s case.

At the close of court on April 29, 2011, the trial was adjourned for completion on June 28, 29 and 30, 2011. [ 2 ] On May 17, 2011, the Plaintiff filed and served a Notice to Admit Facts on the Defendant. On June 17, 2011, the Plaintiff served an Application returnable June 21, 2011 for orders relating to medical evidence the Plaintiff wished to put before the court in the trial.

The Defendant cross-applied for an order striking the Notice to Admit Facts. [ 3 ] On June 21, 2011, I dismissed the Plaintiff’s application but adjourned the continuation of the trial sine die in order to give the Plaintiff time to properly comply with the Rules of Court relating to the calling of expert witnesses. In a Memorandum of Decision

issued August 12, 2001 I struck most of the Plaintiff’s Notice to Admit Facts. [ 4 ] At the time I adjourned the trial sine die the Defendant sought thrown away costs. I invited counsel to file written submissions on the question of whether thrown away costs should be awarded at this time and, if so, the quantum of costs. They did so on August 22, 2011. [ 5 ] I have reviewed counsel’s submissions. [ 6 ] My decision is to leave the issue of whether thrown away costs should be awarded to the Defendant because of the adjournment, and if so, the quantum of costs, for determination at the conclusion of the trial.

Heard on the 21 st day of June 2011, written submissions filed August 22, 2011. Dated at the City of Edmonton, Alberta this 14 th day of November 2011. Brian R. Burrows J.C.Q.B.A. Appearances: Robert P. Lee for the Plaintiff Shawn Beaver for the Defendant