Andréa Claire Baldy

The appellant, Liviu Calin, appealed findings of liability for assault, battery, negligence, and breach of fiduciary duty, and the quantum of damages awarded to his twin daughters, Ilinca and Ana Calin.

The respondents cross-appealed the dismissal of their claim for intentional infliction of mental distress and the quantum of damages.

The Court of Appeal dismissed both the appeal and the cross-appeal, upholding the trial judge's factual findings, credibility assessments, and damages award, and affirming the trial judge's causation analysis regarding psychiatric conditions.

The moving parties (appellants) brought a motion seeking an order for the release of transcripts from Superior Court hearings, an extension of time to perfect their appeal, and costs.

The responding parties did not oppose the release of transcripts or the extension but opposed the request for costs.

The court granted the release of the transcripts and the extension of time, directing the Superior Court to expedite its review and release.

However, the court denied the moving parties' request for costs, finding that their essential problem was with the Superior Court, not the responding parties.

The court also clarified it had no jurisdiction over the settling of the Superior Court order.

The plaintiffs sought a six-month extension to serve their statement of claim on the defendant surgeon, Dr. Sasha Carsen, to obtain an expert opinion before proceeding.

The motion was brought before the original service deadline.

The court dismissed the motion, finding that extensions should not generally be granted solely to investigate the merits of a claim when the defendant has no knowledge of the action, as this constitutes prejudice.

The court noted that the COVID-19 emergency order had already suspended time limits, providing the plaintiffs with an automatic extension.

Following a successful civil action for abuse against their father, Liviu Calin, plaintiffs Ana and Ilinca Calin sought costs of over $395,000.

The court, applying Rule 57.01 factors, found the requested costs disproportionately high given the significant disparity between the $10.15 million claimed and the $105,000 awarded.

While acknowledging the plaintiffs' success and the principles of the Victims' Bill of Rights, the court determined that the plaintiffs' pursuit of unrealistic claims, particularly for income loss and incidents in Romania, unnecessarily lengthened proceedings.

The court awarded the plaintiffs $100,000 in costs, reduced by a prior $17,000 order against them, resulting in a net payment of $83,000 from the defendant.