Andrew Franzke

The plaintiff sought long-term disability (LTD) benefits and general damages for breach of contract, claiming total disability due to chronic back and leg pain, anxiety, and depression.

The plaintiff had not submitted a formal LTD application, seeking relief from forfeiture.

The court granted relief from forfeiture, finding imperfect compliance.

However, the court ultimately dismissed the plaintiff's claim for LTD benefits and general damages, finding that he failed to prove total disability as defined by the policy, largely due to inconsistencies between his subjective complaints, objective medical evidence, video surveillance, and his work history.

This appeal arose from a tragic boat accident involving multiple fatalities and injuries.

The Court of Appeal addressed three consolidated appeals: liability of government respondents, interpretation of the Marine Liability Act's monetary cap, and costs.

The court upheld the motion judge's finding that the boat operators were solely liable for the accident, dismissing the appeal against the government respondents.

It also affirmed that the Marine Liability Act's monetary cap for maritime claims for loss of life or personal injury does not include costs and interest.

While leave to appeal the quantum of costs and the Sanderson Order was denied, leave was granted on one specific costs issue, resulting in both estates being held jointly and severally liable for one plaintiff's costs.

The defendant brought a motion to compel the plaintiff to answer undertakings from discovery, pay associated costs for obtaining documents, and produce a further and better affidavit of documents.

The documents at issue were the plaintiff's clinical notes and records from his treating physician for three years pre-accident and an updated walk-in clinic file.

The court found the documents relevant and within the plaintiff's power, and that the plaintiff must bear the costs of production as a cost of litigation.

The motion was granted in part, compelling production and cost payment by the plaintiff, but no costs were awarded for the motion itself due to conflicting case law.