The court considered the apportionment of costs between two insurers, Wawanesa and Aviva, following the settlement of two related actions arising from a serious motor vehicle accident.
The plaintiff, Stephane Brazeau, sought to recover all costs and disbursements from Wawanesa, the statutory third party, after both actions settled.
The court held that costs should be apportioned equally (50-50) between Wawanesa and Aviva, and that Wawanesa was not responsible for costs related to the Statutory Accident Benefits (SABs) claim, as it had no control over those proceedings and did not benefit from the SABs settlement.
