Andra L. Maxwell

Following the release of the court's reasons for judgment in the appeal, the parties were unable to agree on the quantum of costs.

The Court of Appeal reviewed the written submissions and fixed the respondents' costs of the appeal at $50,000 for fees, plus disbursements and GST.

The plaintiff suffered catastrophic brain injuries when her vehicle struck the rear of a tractor-trailer that was blocking the roadway.

The trial judge awarded approximately $4.9 million in damages and substantial costs, including a premium.

The defendants appealed the quantum of damages, the non-deductibility of statutory non-earner benefits, the modified discount rate, and the costs award.

The Court of Appeal dismissed the appeal regarding damages, non-earner benefits, and the discount rate, finding the trial judge's conclusions were supported by the evidence.

However, the court allowed the appeal in part regarding costs, setting aside the portion of counsel fees that exceeded the maximum permitted under the costs grid and setting aside the costs premium awarded against the no-fault insurer.