The plaintiff appealed a trial judge's decision to deduct Income Replacement Benefits (IRBs) from a jury award for past income loss, which reduced the award to zero, and the subsequent costs order against him.
The Divisional Court upheld the IRB deduction, finding no evidence the jury had already accounted for it.
However, the court allowed the appeal regarding costs, finding the trial judge breached natural justice by deciding the defendants' entitlement to costs without hearing submissions from the plaintiff.
The costs issue was remitted to the trial judge.
